Bechan Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11587 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -SURSAND District- SITAMARHI ======================================================

1. Bechan Mandal, son of Lattu Mandal

2. Ajit Kumar @ Ajit Mandal, son of Lattu Mandal,

3. Chunnu Mandal, son of Lattu Mandal, All Resident of Village- Birakh, P.S.- Sursand, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate. For the Opposite Party/s : Smt. Sahin Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Sursand P.S. Case No. 226 of 2017 instituted for the offence under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code. As per written report there is specific allegation against petitioner No. 1 of assaulting mother of the informant with iron rod causing injury on her head. There is general and omnibus allegation against petitioner Nos. 2 and 3 of assaulting the family members of the informant.

Case diary has been received.

The injury report is available in the case diary which

Patna High Court Cr.Misc. No.11587 of 2018 (3) dt.05-04-2018 2/3 shows that two injuries have been sustained by the injured caused by hard and blunt substance, although, the Doctor has opined the injuries to be simple in nature.

Since there is specific allegation against petitioner No. 1, this Court is not inclined to grant anticipatory bail to petitioner No. 1 namely, Bechan Mandal.

Prayer for anticipatory bail of petitioner No. 1 stands rejected.

So far petitioner Nos. 2 and 3 namely, Ajit Kumar @ Ajit Mandal and Chunnu Mandal are concerned, there is general and omnibus allegation against them. In the event of surrender/arrest of the petitioner No. 2 and 3, named above, within six weeks from today, in connection with Sursand P.S. Case No. 226 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two

Patna High Court Cr.Misc. No.11587 of 2018 (3) dt.05-04-2018 3/3 consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.

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