Ghanshyam Mandal And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49534 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -BARIYARPUR District- MUNGER ======================================================
1. Ghanshyam Mandal son of Banarsi Mandal
2. Nand Lal Mandal son of Banarsi Mandal
3. Dharmendra Mandal son of Nand Lal Mandal All are resident of village - Saraswati Nagar, P.S.- Bariarpur, District -Munger .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Pushpa Sinha, Advocate For the Opposite Party/s : Mr. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners. Despite repeated calls, none appears on behalf of the State. The petitioners seek pre-arrest bail in connection with Bariarpur P.S.Case No. 101 of 2015 registered under Sections 341, 323, 307/34 of the Indian Penal Code.
It is contended that petitioner nos. 1 and 2 are brothers and petitioner no.3 is nephew of the informant. There is general and omnibus allegation against all the accused named in the FIR that they assaulted the informant and two others. It is further contended that all the injured had sustained simple and superficial injuries and the ingredients of the offence punishable under
Patna High Court Cr.Misc. No.49534 of 2015 (2) dt.04-11-2015 2/2 Section 307 of the Indian Penal Code are not attracted in the present case. It is further contended that apart from Section 307 of the Penal Code all other sections are bailable in nature. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Bariarpur P.S. Case No. 101 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T