Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19961 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -RAJAUN District- BANKA ====================================================== Chandan Mandal S/o Hiralal Mandal, R/o Village- Kishanpur, P.S.- Rajaun, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-04-2018 Heard learned counsel for the petitioner and learned APP the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code. The prosecution case as per the written report of informant Vijay Mandal dated 07.03.2017 submitted to Station House Officer of Rajaun P.S. is to the effect that on 07.03.2017 at 6.00 A.M. in the morning the informant was sitting at his door, in the meantime, six accused persons including the petitioner started abusing the informant. On alarm being raised the villagers came. In the meantime, petitioner Chandan Kumar assaulted the son of the informant with Farsa as a result he got unconscious. The wife of the informant was also

Patna High Court Cr.Misc. No.19961 of 2018 (2) dt.06-04-2018 assaulted by co-accused Hira Mandal with lathi. Co-accused Pappu and Jaihind assaulted Mithun Kumar. The accused persons threatened the informant to kill in the eventuality of lodging any case by him.

It is submitted by learned counsel for the petitioner that the impugned order suggests that out of injuries caused by Pappu and Jaihind to Mithun only one has been found to be grievous. The impugned order does not suggest that any grievous injury was caused by the petitioners to the son of the informant. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, however, submits that there is specific accusation against the petitioner to have made assault. Considering the fact that there is no accusation of repeating the blow by the petitioner, the injury caused by the petitioner is simple in nature and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.19961 of 2018 (2) dt.06-04-2018 Chief Judicial Magistrate, Banka in connection with Rajaun P.S. Case No. 75 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T