Nand Lal Mandal @ Nandlal Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54741 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- BASANHI District- Saharsa ====================================================== Nand Lal Mandal @ Nandlal Kumar Mandal son of Shyam Mandal resident of village Metibari, P.S. Basanahi, District Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar-1 For the Opposite Party/s :

Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 354(B), 379, 504/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that accused persons allegedly assaulted the son and nephew of the informant due to which they sustained injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no

Patna High Court Cr.Misc. No.54741 of 2018(3) dt.14-12-2018 2/2 offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -III, Saharsa in connection with Basnahi P.S. Case No. 28 of 2018 (G.R. Case No. 805 of 2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T