Laxman Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24921 of 2016 Arising Out of PS.Case No. -689 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Laxman Mandal S/o Prasadi Mandal Resident of village - Dholbajja, Vishunpur Mandal Tola, P.S. Farbisganj, District - Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prakritita Sharma For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2016 The certified copy of the First Information Report of Forbisganj Police Station Case No. 689 of 2015 has been filed on behalf of the petitioner, let the same be kept on record.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Forbisganj Police Station Case No. 689 of 2015, disclosing offences under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

It appears from the First Information Report that the petitioner owns a piece of land adjacent to the land of the informant. Over a very petty dispute, a quarrel took place. Allegedly, co-accused, Ram Prasad Bhagat, inflicted

Patna High Court Cr.Misc. No.24921 of 2016 (2) dt.21-06-2016 2/3 injuries on the informant's father with kudal (mattock). Learned Counsel for the petitioner has submitted that the injury report falsifies the allegation made in the First Information Report. He has further submitted that the occurrence, allegedly, had taken place on 26.11.2015; whereas, the First Information Report came to be instituted belatedly on 01.12.2015, without any valid explanation.

Considering the genesis of the occurrence and nature of allegation, this application is allowed. Let the petitioner, Laxman Mandal, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Forbisganj Police Station Case No. 689 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be

Patna High Court Cr.Misc. No.24921 of 2016 (2) dt.21-06-2016 3/3 cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √