Kishore Kumar Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.293 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -KURSELA District- KATIHAR ======================================================
1. Kishore Kumar Mandal S/o Sushil Mandal
2. Deepak Kumar Mandal @ Deepak Kumar Singh, S/o Sukhdeo Mandal
3. Amrit Kumar @ Amrit Kumar Mandal S/o Ashok Mandal
4. Sumitra Devi W/o Sushil Mandal
5. Sushil Mandal S/o Thithir Mandal
6. Kiran Devi W/o Ashok Mandal
7. Sukhdeo Mandal S/o Moti Mandal
8. Bindu Devi W/o Pankaj Mandal, All are resident of Balmi Maheshpur, P.S.- Kursela, District- Katihar .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with Kursela P.S. Case No. 108 of 2016, G.R. No. 2735 of 2016 for the offences instituted under Sections 341, 323, 379 and 307/34 of the Indian Penal Code.
The allegation against the petitioner is that he along with other co-accused having armed with iron rod, Garasha and Butt of three nut to the head of Navin Kumar Mandal and Chandan Kumar Mandal and when the informant went there to save them, he also sustained injury. Thereafter the accused persons snatched golden chain from the neck of the informant and
Patna High Court Cr.Misc. No.293 of 2017 (2) dt.10-01-2017 2/2 also snatched Rs. 5000/- from the pocket of the brother of the informant and fled away.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. The nature of injury is said to be simple. No offence under Section 307 of the Indian Penal Code is made out against the petitioners. On behalf of the State and the Counsel for the informant, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Kursela P.S. Case No. 108 of 2016, G.R. No. 2735 of 2016 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T