Bachche Lal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67390 of 2022 Arising Out of PS. Case No.-291 Year-2016 Thana- SUPAUL District- Supaul ====================================================== 1.

BACHCHE LAL MANDAL S/O RAMPHAL MANDAL Resident of Village-Semaer, P.S.- Supaul, District- Supaul. 2.

RAMBHA DEVI W/O BACHCHE LAL MANDAL Resident of VillageSemaer, P.S.- Supaul, District- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 447, 379, 307, 504, 34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons have brutally assaulted the informant's side by means of several deadly weapons. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.67390 of 2022(5) dt.02-05-2023 2/2 general and omnibus in nature. He further submits that the FIR was registered under section 307 of IPC but the charge-sheet has been submitted u/s 308 and other sections of IPC. There is no specific overt act against the petitioners. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that there is no information regarding the nature of injuries in the impugned order. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 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 Supaul P.S. Case No.291 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T