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Patna High CourtCR. MISC./37776/2023allowed

Kailash Mandal v. The State Of Bihar

2023-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37776 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- PIPRA District- Supaul ====================================================== Kailash Mandal Son Of Kuldeep Mandal Resident Of Village Amha Ward No 7 PS Pipra Dist Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 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, 342, 323, 504, 307, 34 of the Indian Penal Code.

3. Petitioner is said to have assaulted the informant by means of Farsa on her head as a result of which she received injury.

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 case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He submits that occurrence took place on 18.01.2023 but the FIR has been lodged on 28.01.2023 after delay of 10 days without explaining

Patna High Court CR. MISC. No.37776 of 2023(4) dt.30-11-2023 2/2 any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail 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 Pipra P.S. Case No. 24 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T