Bhim Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32028 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

BHIM MANDAL Son of Sindhu Mandal 2.

Gopal Mandal Son of Bhim Mandal both Resident of Village-Pakra Tola (Ajmabad), P.S-Gopalpur, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyama Nand Thakur For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections147, 149, 341, 323, 324, 308, 504, 506, 379 of the Indian Penal Code. Prosecution case as lodged by the informant is that he had gone to call the driver and when he was returning, reached near the house of Bhim Manda, Bhim Mandal, Gopal Mandal, Chhatri Mandal, Jagga Kumar, Sulekha Devi, Pritam Devi, Nilam Devi, Jamanti Devi who were armed with three nut, Jhabia attacked on him and Bhim Mandal fired upon him. He stopped himself due to fear. In the meanwhile, Bhim Mandal attacked upon his head by Jhabia, Gopal Mandal also attacked

Patna High Court CR. MISC. No.32028 of 2019(4) dt.22-08-2019 2/2 by Jhabia upon his arm and Chhatish Mandal also attacked upon his neck by Jhabia. The ladies accused persons also attacked upon him by Jhabia. The accused persons also took silver chain from his neck and Rs. 5000/- from his pocket. It has been submitted on behalf of the petitioners that the injury nos. 2, 3 and 8 in para-18 of the case diary have been found by sharp cutting object but injury nos. 1, 4, 5, 6 and 7 have been found to be simple in nature. Petitioners have no criminal antecedent.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Naugachia in connection with Gopalpur Police Station Case No. 419 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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