Avin Mandal @ Arbin Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29280 of 2018 Arising Out of PS.Case No. -203 Year- 2017 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Avin Mandal @ Arbin Mandal, S/o Narayan Mandal,

2. Sunil Mandal, S/o Sakaldeo Mandal, Both, R/o Village- Navtoli, Ward No.13, P.S.- Kursakanta, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Kursakanta P.S. Case No.203 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 325, 307, 354-B, 397, 448, 504 Indian Penal Code.

It is alleged against petitioner no.1 that he assaulted the aunt of the informant, Raj Kumari Devi, with Farsa, which hit near her ear. It is alleged against petitioner No.2 that he along with Dinanath Mandal assaulted the uncle of the informant, Srikant Mandal, with lathi. It is also alleged that petitioner No.2 along with Pankaj Mandal assaulted Mohini Devi and snatched her gold chain.

Injury report of aunt of the informant and uncle of the informant have been annexed as Annexure-2 series, which

Patna High Court Cr.Misc. No.29280 of 2018 (3) dt.25-06-2018 2/2 shows that aunt of the informant, Raj Kumari Devi, has sustained simple injury. There is no injury on the person of Mohini Devi. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Kursakanta P.S. Case No.203 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 the Additional Chief Judicial Magistrate, V, Araria, 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 consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds 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) JA/- U T