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Patna High CourtCR. MISC./35242/2023allowed

Raj Kumar Mandal v. The State Of Bihar

2023-07-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35242 of 2023 Arising Out of PS. Case No.-150 Year-2020 Thana- NAUHATTA District- Saharsa ====================================================== Raj Kumar Mandal Son Of Late Jay Narayan Mandal Resident Of Village - Murlipur, Ward No. 08, P.S. - Nauhatta, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 427, 379, 354A, 504, 506/34 of the Indian Penal Code.

3. Petitioner is said to have assaulted the informant and his daughter by means of lathi, danda and rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that occurrence took place on 12.09.2020 but the FIR has been lodged on 19.09.2020 after delay of 7 days without explaining

Patna High Court CR. MISC. No.35242 of 2023(2) dt.27-07-2023 2/2 any reasonable cause of delay. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nauhatta P.S. Case No. 150 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T