Sadanand Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31455 of 2016 Arising Out of PS.Case No. -124 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Sadanand Mandal

2. Arbind Mandal Both sons of Gopal Mandal, Resident of Village- Ogri, P.S.- Kahalgaon, District- Bhagalpur.

.... .... Petitioners

Versus

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

For the Petitioner : Mr. Dhananjay Kumar Pandey, Advocate For the State : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 16-08-2016 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 341, 323, 324 and 307 of the Indian Penal Code.

It is contended on behalf of the petitioners that there is general and omnibus allegation of assault upon three accused persons, namely, Arun Mandal, Arbind Mandal (petitioner no.2) and Sadanand Mandal (petitioner no.1), who assaulted the informant as a result of which he became unconscious. However, it is contended that there is one injury upon the right side of the head which is scalp deep lacerated wound and simple in nature. It is contended that, had the aforesaid three persons assaulted with the help of rod and lathi then that would have caused at least three

Patna High Court Cr.Misc. No.31455 of 2016 (2) dt.16-08-2016 2/2 injuries not only one. Thus, the injury report does not support the allegation.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Kahalgaon P.S. Case No.124 of 2016 on furnishing bail bonds of Rs.10,000/- (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) N.H./- U T