Mikba Mandal @ Mikku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43280 of 2022 Arising Out of PS. Case No.-519 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
MIKBA MANDAL @ MIKKU KUMAR SON OF RAMVRIKSH MANDAL R/O VILLAGE- RASALPUR, P.S.- RASALPUR, DISTRICTBHAGALPUR 2.
RAHUL MANDAL @ RAHUL KUMAR SON OF GORKI MANDAL R/O VILLAGE- RASALPUR, P.S.- RASALPUR, DISTRICT- BHAGALPUR 3.
SHEKHAR MANDAL @ CHANDRASHEKHAR KUMAR SON OF MAHENDAR MANDAL R/O VILLAGE- RASALPUR, P.S.- RASALPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar, Adv.
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners is directed to remove the defects within four weeks.
Petitioner apprehends his arrest in a case registered for offence punishable u/s 147, 148, 149, 342, 323, 325, 379, 354(B), 308, 504 and 506 of the Indian Penal Code. Allegedly, accused persons along with petitioners assaulted the informant by means of rod and danda. They were also armed with country made pistol. They
Patna High Court CR. MISC. No.43280 of 2022(2) dt.29-11-2022 2/3 misbehaved with the mother of the informant.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence. He has been falsely implicated in this case due to local panchayat politics. No such occurrence, in the manner as alleged, has ever taken place. The allegations leveled against the petitioners are false, fabricated and concocted. There is no specific allegation against the petitioners. The injury found on injured Ranju Devi is grievous in nature but it is evident from the FIR itself that the allegation of assault on mother of informant is not on these petitioners. Petitioner no.1 has no criminal antecedent. Petitioner no. 2 & 3 have one criminal antecedent each.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, and the fact that the similarly situated co-accused has been granted anticipatory bail in Criminal Miscellaneous No. 30622 of 2022 vide order dated 20.10.2022, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail
Patna High Court CR. MISC. No.43280 of 2022(2) dt.29-11-2022 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Kahalgaon (Rasalpur) P.S. Case No.519 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T