Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46061 of 2024 Arising Out of PS. Case No.-138 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== SHANKAR MANDAL SON OF AKSHYA MANDAL VILLAGE- SHERKI, P.S.- RAJNAGAR, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner as well as Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 504, 323, 324, 34 of the Indian Penal Code.

3.

As per the FIR, the petitioner assaulted the informant by means of farsa due to which he sustained injury. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.46061 of 2024(2) dt.24-07-2024 2/2 petitioner. He further submits that the injuries are of simple nature and the parties have compromised the matter. Petitioner has no criminal antecedent.

5.

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

6.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Rajnagar P.S. Case No.138 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T