Ramanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23917 of 2023 Arising Out of PS. Case No.-273 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== RAMANAND MANDAL SON OF LATE FOCHAN MANDAL R/O VILLAGE- SHANKARPATTI, P.S.- CHHATAPUR (RAJESHWARI O.P.), DISTRICT- SUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Chhatapur PS case no. 273 of 2020, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having assaulted the father of the informant while he was cutting soil from his land and had objected to him from doing so. As far as the petitioner is concerned, he is stated to have inflicted a lathi (stick) blow on the head of the father of the informant, resulting in him sustaining injuries.

Patna High Court CR. MISC. No.23917 of 2023(2) dt.24-06-2023 2/3 The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that injury report, annexed as Annexure-2 to the present petition would show that the injuries sustained by the father of the informant are all simple in nature and moreover, there is a pre-existing land dispute amongst the parties, hence, the petitioner be granted the privilege of bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and the injuries sustained by the father of the informant, attributable to the petitioner herein, have been found to be simple in nature, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of

Patna High Court CR. MISC. No.23917 of 2023(2) dt.24-06-2023 3/3 this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st class, Supaul in connection with Chhatapur PS case no. 273 of 2020, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T