Amod Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42165 of 2023 Arising Out of PS. Case No.-12 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

AMOD BHANDARI SON OF AMARLAL BHANDARI RESIDENT OF VILLAGE - JHANJHARPUR, P.S. - JHANJHARPUR, DISTRICT - MADHUBANI 2.

ANIL BHANDARI SON OF TRIBHUBAN BHANDARI RESIDENT OF VILLAGE - JHANJHARPUR, P.S. - JHANJHARPUR, DISTRICT - MADHUBANI 3.

RAM PARIKSHAN BHANDARI SON OF CHEDI BHANDARI RESIDENT OF VILLAGE - JHANJHARPUR, P.S. - JHANJHARPUR, DISTRICT - MADHUBANI 4.

RAJ KUMAR BHANDARI SON OF LATE SITA RAM BHANDARI RESIDENT OF VILLAGE - JHANJHARPUR, P.S. - JHANJHARPUR, DISTRICT - MADHUBANI 5.

RATAN KAMAT @ RATAN KAMA SON OF MAKAI KAMAT RESIDENT OF VILLAGE - JHANJHARPUR, P.S. - JHANJHARPUR, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

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, 327, 308, 379, 427, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent.

Patna High Court CR. MISC. No.42165 of 2023(2) dt.08-08-2023 2/3

4. The informant alleges that petitioners were cutting mango tree from his orchard and on protest he was assaulted and they tried to strangulate him by a towel and snatched chain worth Rs. 60,000/- along with Rs. 4,000/-.

5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that allegation of assault is general and omnibus in nature, it is next submitted that even injury report records that tenderness found in neck and charge sheet has been submitted against the petitioner, it is thus submitted that since the charge sheet has been submitted and the police never felt the need of arresting the petitioners, as such no useful purpose would be served by sending them to jail.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. 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

Patna High Court CR. MISC. No.42165 of 2023(2) dt.08-08-2023 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhanjharpur P.S. Case No. 12 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T