Vicky Mandal @ Aryan Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44175 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- ISHUPUR BARAHAT District- Bhagalpur ====================================================== 1.
VICKY MANDAL @ ARYAN KUMAR MANDAL SON OF OF HARI PRASAD MANDAL R/O- VILLAGE- BISHAL (VIKASNAGAR), P.OBARMASIA, P.S.- ISHIPUR BHARAHAT, DISTT.- BHAGALPUR 2.
SANJAY MANDAL @ SUNY MANDAL @ SANNI KUMAR MANDAL SON OF PRAMESHWAR MANDAL R/O- VILLAGE- BISHAL (VIKASNAGAR), P.O- BARMASIA, P.S.- ISHIPUR BHARAHAT, DISTT.- BHAGALPUR 3.
ANKESH MANDAL @ ANKESH KUMAR MANDAL SON OF PARMESHWAR MANDAL R/O- VILLAGE- BISHAL (VIKASNAGAR), P.O- BARMASIA, P.S.- ISHIPUR BHARAHAT, DISTT.- BHAGALPUR 4.
CHANDAN MANDAL @ CHANDAN KUMAR MANDAL SON OF RAMPRASAD MANDAL @ RAJENDRA MANDAL R/O- VILLAGEBISHAL (VIKASNAGAR), P.O- BARMASIA, P.S.- ISHIPUR BHARAHAT, DISTT.- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarendar Kumar For the Opposite Party/s :
Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-08-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 324, 307, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. It is further submitted that from perusal of the allegation as alleged in the
Patna High Court CR. MISC. No.44175 of 2024(2) dt.13-08-2024 2/3 F.I.R., it would manifest that allegation of assault is general and omnibus in nature. It is also submitted that the injury suffered by the injured is opined to be grievous, but then there is no specific allegation of assault against the petitioners. It is further submitted that petitioners and the informant are related and on intervention of well wishers, the parties have compromised as would manifest from the compromise petition dated 30.07.2024 (Annexure P/4 to the supplementary affidavit).
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ishipur Barahat P.S. Case No. 81 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioners shall verify
Patna High Court CR. MISC. No.44175 of 2024(2) dt.13-08-2024 3/3 from the informant with regard to the genuineness of the compromise, in the event, if the informant disputes the compromise, in that event the present anticipatory bail order shall not be given effect to.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T