Mandal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34017 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== 1.

MANDAL KUMAR Son of Satendra Singh Resident of Village - Hasanpur, P.S.- Arwal , Distt.- Arwal.

2.

Darshani Kumar Son of Satendra Singh Resident of Village - Hasanpur, P.S.- Arwal , Distt.- Arwal.

3.

Lalmohan Kumar Son of Satendra Singh Resident of Village - Hasanpur, P.S.- Arwal , Distt.- Arwal.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-07-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, petitioner no.1 has been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner no.1. In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner no.1.

Patna High Court CR. MISC. No.34017 of 2022(2) dt.22-07-2022 2/3 Petitioner nos. 2 and 3 apprehend their arrest for the offences alleged under Sections 341, 323, 504, 324 and 308/34 of the Indian Penal Code, registered in connection with Arwal P.S.Case No. 140 of 2022.

The specific allegation against petitioner no.2 is that he assaulted the informant and allegation against petitioner no.3 is that he assaulted Santosh Kumar with lathi. He also assaulted Jitendra Yadav with khanti on his head.

Learned counsel for the petitioners has submitted that there is case and counter case. Petitioner no.1 Mandal Kumar has also lodged Arwal P.S.Casse No. 139 of 2022 against the informant and his family members as they had badly assaulted the members of the defense side. The injuries sustained by the injured persons are simple in nature, except on little finger of Jitendra Kumar which was found to be grievous, but it was not on the vital part.

Considering the above facts and circumstances, let petitioner nos. 2 and 3, above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on 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

Patna High Court CR. MISC. No.34017 of 2022(2) dt.22-07-2022 3/3 Judicial Magistrate, Arwal in connection with Arwal P.S.Case No. 140 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T