Sailesh Mandal @ Salosh Mandal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5406 of 2015 Arising Out of PS.Case No. -304 Year- 2014 Thana -SABAUR District- BHAGALPUR ======================================================

1. Sailesh Mandal @ Salosh Mandal.

2. Prabhash Mandal @ Prabhash Kumar.

3. Manoj Kumar @ Manoj Kumar Singh.

4. Niklesh Kumar @ Muklesh Kumar @ Niklesh Mandal.

5. Sangeeta Devi.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Pravin Kumar Sinha, Advocate. For the Opposite Party : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 379, 307, 504 and 506/34 of the Indian Penal Code. It is alleged that petitioner no. 1 Sailesh Mandal and petitioner no. 4 Niklesh Kumar assaulted with fists and slaps to the mother of the informant when the informant went to rescue then he was assaulted by petitioner no. 1 Sailesh Mandal with Khanti on the head. Thereafter other brother of the informant went to rescue then he was also assaulted. Petitioner no. 4 Niklesh Kumar snatched Rs. 4,000/-.

Patna High Court Cr.Misc. No.5406 of 2015 (2) dt.03-03-2015 2 / 3 The injury of the informant has been found to be grievous.

It is submitted by learned counsel for the petitioners that there is counter version of occurrence also in which the petitioners' side received injury.

Considering the fact that petitioner no. 1 Sailesh Mandal @ Salosh Mandal caused grievous injury to the informant, let the learned court below consider prayer for regular bail if he surrenders within a period of six weeks from the date of receipt/production of copy of the order in connection with Sabour P.S. Case No. 304 of 2014 pending in the court of the learned C.J.M.

Bhagalpur.

With this observation, the application of petitioner no. 1 is disposed off.

So far as petitioner nos. 2 to 5 are concerned since accusation is omnibus and general and there is counter version of occurrence also, let them except petitioner no. 1, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Sabour P.S. Case No. 304 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of

Patna High Court Cr.Misc. No.5406 of 2015 (2) dt.03-03-2015 3 / 3 the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T