Shrawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32347 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== SHRAWAN MANDAL, Son of Anandi Mandal Resident of Village- Kala Gavindpur, Ward No.01, Police Station- Balua Bazar (Lalitgram O.P.), District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Arun, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Balua Bazar (Lalitgram O.P.) P. S. Case No. 13 of 2020, dated 28.02.2020, instituted for the offences under Sections 147, 148, 149, 279, 341, 323, 324, 307, 380, 447, 354(A) and 504 of the Indian Penal Code.

According to the F.I.R., some of the accused persons of this case entered into verbal scuffle with the

Patna High Court CR. MISC. No.32347 of 2020(2) dt.08-02-2021 2/3 sister-in-law of the informant and because of that dispute, the accused persons including the petitioner later came to the house of the informant and indulged in vandalism. On protest, one Dhirendra Mandal is said to have thrown a sharp cutting weapon on the head of the informant as a result of which he became seriously injured. Thereafter, all the accused persons including the petitioner are said to have assaulted the members of the family of the informant and they are also alleged to have taken away the valuable belongings.

The learned counsel for the petitioner has submitted that, no doubt, the injury on the husband of the informant is reported to be grievous in nature, but the petitioner, admittedly, is not the author of such injury. So far as the petitioner is concerned, he is stated to have taken part in the affray along with other accused persons.

The petitioner was earlier made accused in a criminal case about which reference has been made in

Patna High Court CR. MISC. No.32347 of 2020(2) dt.08-02-2021 3/3 paragraph 3 of the petition but in that case, he is on bail.

Considering the fact that the petitioner is not the author of the grievous injury on the person of the injured, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Supaul, in connection with Balua Bazar (Lalitgram O.P.) P. S. Case No. 13 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T