Kartik Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32718 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- KAJRA District- Lakhisarai ====================================================== 1.

KARTIK MANDAL Son of Late Tilo Mandal Resident of Village- Urain, Police Station- Kajara, District- Lakhisarai. 2.

Sachin Kumar Son of Kartik Mandal Resident of Village- Urain, Police Station- Kajra, District- Lakhisarai.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 447, 307, 325, 354(A), 379 and 506/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners

Patna High Court CR. MISC. No.32718 of 2020(4) dt.07-07-2021 2/3 have falsely been implicated in the present case. As per the allegation, the informant is said to have sustained simple injury. The brother of the informant also received simple injury. So far father of the informant is concerned, he has received injury on the non-vital part of the body. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of Judicial Magistrate, 1st Class, Lakhisarai in connection with Kajra P.S. Case No. , 39 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T

Patna High Court CR. MISC. No.32718 of 2020(4) dt.07-07-2021 3/3