Sikander Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79531 of 2018 Arising Out of PS. Case No.-66 Year-2014 Thana- BARIYARPUR District- Munger ====================================================== Sikander Mandal, S/o Muskilal Mandal, R/v-Kalatola, P.S-Bariarpur, Distt.- Munger.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ram Sevak Choudhary, Advocate.

For the Opposite Party :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 504 and 307 of the IPC.

The prosecution story, in brief, is that the accused persons armed with Lathi and Danda were assaulting the son of informant and when he reached there, Sikander Mandal (petitioner) was armed with Iron rod assaulted him on the head with Iron rod causing lacerated injury and when his daughter-inlaw came to save him she was also assaulted by the accused persons.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.79531 of 2018(2) dt.04-02-2019 2/2 There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Munger, in connection with Bariarpur P.S. Case No. 66 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T