Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39514 of 2019 Arising Out of PS. Case No.-389 Year-2018 Thana- DHAMDAHA District- Purnia ====================================================== 1.

BHOLA MANDAL, Son of Sri Bhuto Mandal, Resident of Village- Sakhua Tola, P.S.- Dhamdaha, District- Purnea 2.

Phulo Mandal, Son of Sri Bhuto Mandal, Resident of Village- Sakhua Tola, P.S.- Dhamdaha, District- Purnea ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2019 Petitioners seek bail in anticipation of their arrest in connection with Dhamdaha P.S. Case No. 389 of 2018 registered for the offences punishable under Sections 447, 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case there is allegation against the petitioners is that while informant was making row for irrigation of the crops accused persons, including the petitioners came and started firing and also abused wife of informant and on protest petitioner Phulo Mandal fired, causing injury on the palm of wife of informant and they also assaulted them. Submission of learned counsel for the petitioners is that the present case is counter blast to the case lodged by father

Patna High Court CR. MISC. No.39514 of 2019(2) dt.27-06-2019 2/2 of petitioners and no specific allegation has been attributed against the petitioners though it is alleged that petitioner No.2 fired, causing injury but the injury is said to have caused by hard and blunt substance and simple in nature, which will appear from Annexure-3.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Dhamdaha P.S. Case No. 389 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T