Sitaram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46397 of 2021 Arising Out of PS. Case No.-815 Year-2020 Thana- SUPAUL District- Supaul ====================================================== SITARAM MANDAL Son of Late Bhaylal Mandal Resident of Village - Vina, Ward No. -06, P.S. - Supaul, District - supaul, State - Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuldeep Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 354, 504, 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.46397 of 2021(2) dt.20-04-2022 2/2 has been falsely implicated in this case due to land dispute and enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties and both sides have sustained injuries. It is further submitted that for the same occurrence the informant has lodged two F.I.R. against the petitioner and others. The petitioner and the informant are full brothers of each other. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that the injuries sustained by the informant's side is grievous in nature.

Having regard to the facts and circumstances of the case, since the injuries are grievous in nature, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for grant of anticipatory bail to the petitioner named above is rejected. The instant application is accordingly dismissed. (Anjani Kumar Sharan, J) pallavi/- U T