Vinod Kumar @ Vinod Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62265 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -PIPRA District- SUPAUL ======================================================
1. Vinod Kumar @ Vinod Mandal, S/o Chandeshwari Mandal,
2. Santosh Mandal @ Santosh Kumar S/o Nand Lal Mandal,
3. Jagdish Mandal,
4. Vijendra Mandal S/o Late Jitan Mandal, R/o Village- Koushalpatti, P.S.- Pipra, District- Supaul.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Pipra PS case no. 137 of 2017 registered for the offences punishable under Sections 324, 307 and other sections of Indian Penal Code.
The informant is the father of the deceased. In his written complaint, he had stated that on 11.07.2017 at about 8 pm the son of informant Chetanand Mandal was returning to his house then six accused persons including the petitioner surrounded him and started assaulting with iron rod and lathi and at that time the younger son of informant also reached there, then the accused petitioners threatened him that they will also kill him and he fled away to his house and told
Patna High Court Cr.Misc. No.62265 of 2017 (2) dt.04-01-2018 2/3 the informant about the occurrence, thereafter the informant and other villagers reached at the place of occurrence, they found his son was unconscious, then they took him to Sadar Hospital, Supaul from where his son was referred to Gayatri Nursing Home, Sahars and from there he was referred to PMCH where he died due to head injury on 05.08.2017.
The learned counsel for the petitioners submits that FIR was lodged after six days of incident. It is further submitted that there is general and omnibus allegation against all accused persons. The delay explained by the informant is that on account of treatment of his son, he could register the FIR. It is further submitted that the petitioners have clean antecedent and they have been falsely roped in the present case on account of village enmity. It is further submitted that the similarly situated co-accused person has already been enlarged on regular bail by this court by an order dated 09.11.2017 passed in Cr.Misc. no. 52257 of 2017.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail, in the event of their arrest or surrender within a period of six weeks before the court below from the date of receipt/ production of a copy of this order on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-3rd ,
Patna High Court Cr.Misc. No.62265 of 2017 (2) dt.04-01-2018 3/3 Supaul in connection with Pipra PS case no. 137 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J.) rinkee/- U T