Sunil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36732 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Sunil Mandal Son Of Mahendra Mandal Resident Of Village - Sahpur Kodra Ghat, Ward No.04, P.S. - Alamnagar (RATWARA O.P.), District - Madhepura 2.

Ramesh Mandal Son Of Mahendra Mandal Resident Of Village - Sahpur Kodra Ghat, Ward No.04, P.S. - Alamnagar (RATWARA O.P.), District - Madhepura 3.

Mahendra Mandal Son Of Late Ayodhi Mandal Resident Of Village - Sahpur Kodra Ghat, Ward No.04, P.S. - Alamnagar (RATWARA O.P.), District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant on account of dispute relating to land, being agnates. The learned counsel next submits that from perusal of the allegation as

Patna High Court CR. MISC. No.36732 of 2024(2) dt.27-06-2024 2/3 alleged in the FIR, it would manifest that the informant alleges that Sunil assaulted Niraj on his head causing injury by dabia, while Rames Mandal and Mahendra assaulted Niraj by lathi on his back and hand, thereafter, again Sunil and Nitish assaulted Pappu Mandal by dabia and iron rod causing injury on head. 4.

The learned counsel next submits that from perusal of the injury report of the injured, it would manifest that the injured has suffered simple injury though one injury of Pappu Mandal is said to be grievous which is abrasion on right hand thumb finger, which is non-vital part of the body. It is further submitted that even the side of the informant assaulted the side of the petitioners. It is also submitted that Mahendra Mandal suffers from disability of 50 percent, as would manifest from Annexure-4 to the anticipatory bail application. The learned counsel further submits that petitioner will not abscond rather will cooperate in the investigation.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.36732 of 2024(2) dt.27-06-2024 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 247 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T