Ayodhi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23932 of 2018 Arising Out of PS.Case No. -371 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================

1. Ayodhi Mandal S/o-Late Basudeo Mandal, Resident of VillageManoharpur, P.S. Chausa, District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Chausa P.S. Case No. 371 of 2017 registered for the offences punishable under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation against the petitioner is that he along with others assaulted the informant and others and in that course petitioner made firing of his gun.

Submission on behalf of the petitioner is that on the same day one Md. Sattar, who happens to be henchmen of the informant of the present case, lodged Chausa P.S.Case No. 370 of 2017 against the petitioner and others but in that case, Md. Sattar

Patna High Court Cr.Misc. No.23932 of 2018 (2) dt.25-04-2018 2/2 has nowhere, stated about the factum of firing. He further submitted that as a matter of fact, the present case has been brought on account of land dispute and moreover, for the occurrence of the same day, the petitioner lodged Chausa P.S.Case No. 372 of 2017 for the offences punishable under section 307 and other minor sections of the Indian Penal Code against the informant of the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Udakishunganj at Madhepura in Chausa P.S. Case No. 371 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T