Amit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38200 of 2023 Arising Out of PS. Case No.-566 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== AMIT MANDAL S/O GANESH MANDAL R/O Village- Kherajpur, P.SBahadurpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Bahadurpur P.S. Case No. 566 of 2019, registered for the offences punishable under Sections 147, 148, 341, 323, 307, 379, 354(A), 504 and 506 of the Indian Penal Code.

3.

The allegation is regarding the informant and her maternal daughter-in-law having gone to waterway bandh on the alleged date and time of occurrence, however, on the way the accused persons including the petitioner herein had assaulted the informant and pulled the saree of the

Patna High Court CR. MISC. No.38200 of 2023(2) dt.28-07-2023 2/3 maternal daughter-in-law of the informant.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one another case but he is on bail in the said case. It is also submitted that a general and omnibus allegation has been levelled against all the accused persons and in fact no external injury has been found by the doctor, as would be apparent from the injury report of the injured person.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been

Patna High Court CR. MISC. No.38200 of 2023(2) dt.28-07-2023 3/3 levelled against all the accused persons including the petitioner herein, apart from the fact that the doctor has not found any external injury on the person of the injured person, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

7.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Darbhanga in connection with Bahadurpur P.S. Case No. 566 of 2019, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T