Ramu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31587 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -SABAUR District- BHAGALPUR ====================================================== Ramu Mandal, Son of Late Jagdish Mandal, Resident of village- Dari Dhankar, P.S.- Sadour, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sabour P.S. Case No. 68 of 2017 instituted for the offence under Sections 447, 341, 323, 307, 504 and 506/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is specific allegation of assaulting the father of the informant on coaccused Pritam Kumar by means of rod on his head due to which his father became unconscious and fell on the ground. There is general and omnibus allegation against this petitioner that he assaulted the informant and his younger brother Nishant Kumar. The injury reports of the informant and Nishant Kumar have been enclosed as Annexure 2 series wherein the doctor has found all the injuries to be simple in nature.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from

Patna High Court Cr.Misc. No.31587 of 2017 (2) dt.13-07-2017 2/2 today, in connection with Sabour P.S. Case No. 68 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, V, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T