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Patna High CourtCR. MISC./26549/2019disposed

Ramanand Thandar v. The State Of Bihar

2019-04-24Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26549 of 2019 Arising Out of PS. Case No.-942 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== 1.

RAMANAND THANDAR Son of Late Nowat Thandar @ Nowa Thandar Resident of Village - Amharas, P.S.- Forbesganj, Distt.- Araria. 2.

Rajendra Thandar Son of Late Nowat Thandar @ Nowa Thandar Resident of Village - Amharas, P.S.- Forbesganj, Distt.- Araria. 3.

Rupesh Thandar Son of Rajendra Thandar Resident of Village - Amharas, P.S.- Forbesganj, Distt.- Araria.

4.

Santosh Thandar Son of Karmu Thandar Resident of Village - Amharas, P.S.- Forbesganj, Distt.- Araria.

5.

Anrudh Mandal Son of Late Nunulal Mandal Resident of Village - Rangdaha, Ward No.12, P.S.- Forbesganj, Distt.- Araria. 6.

Amar Sardar Son of Late Ganesh Sardar Resident of Village - Rangdaha, Ward No.12, P.S.- Forbesganj, Distt.- Araria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 This application, for grant of anticipatory bail, arises out of Forbesganj P.S. Case No. 942/18, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 354B, 506 of the Indian Penal Code.

Allegation against the petitioners and others is of assault to the brother and sons of informant and specific allegation against petitioner no. 4 is of assaulting one Om

Patna High Court CR. MISC. No.26549 of 2019(2) dt.24-04-2019 2/3 Prakash Thandar by means of iron rod causing fracture injury. Submission of learned counsel for the petitioners is that there is case and counter case between the parties and except petitioner no. 4 no specific allegation has been attributed to other petitioners.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, so far petitioner no. 4, namely, Santosh Kumar Thandar is concerned, I am not inclined to grant him privilege of anticipatory bail rather he should surrender and make prayer for regular bail and if any such application is filed the court below shall dispoe of the same on the basis of materials available on record, if possible on same day, without being prejudiced by the order of this Court.

So far other petitioners i.e. petitioner nos. 1, 2, 3, 5 and 6 are concerned, in the event of their arrest or surrender before the court below within six weeks from the date of receipt / production of a copy of this order, they are directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No.

Patna High Court CR. MISC. No.26549 of 2019(2) dt.24-04-2019 3/3 942/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T