Basant Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27262 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -CHAUSA District- MADHEPURA ======================================================
1. Basant Mandal.
2. Shankar Mandal alias Shankar Kumar Mandal. Both sons of Chano Mandal.
3. Chano Mandal, son of Late Bhikhari Mandal.
4. Patani Mandal, Son of Mahadeo Mandal.
5. Lalji Mandal, Son of Bakil Mandal.
All resident of Village- Barikhal, Police Station- Chousa, DistrictMadhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate. For the Opposite Party/s : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Chausa (Fullaut O.P.) P.S. Case No. 35 of 2018, instituted for the offence under Sections 341, 323, 307, 447, 504 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is case and counter case between the parties. It has further been submitted that the petitioners have no criminal antecedent. The petitioner no.1 has also filed a case against the informant and other accused persons bearing Chausa (Fullaut) P.S. Case No.20
Patna High Court Cr.Misc. No.27262 of 2018 (3) dt.22-06-2018 2/3 of 2018.
In the written report there is allegation that all these petitioners assaulted on the head of husband of the informant due to which he became unconscious and fell on the ground. The son of the informant came to save him, then he was also assaulted by the petitioner.
Case diary has been received.
The injury report of the son of the informant and her husband is available in the case diary.
Learned A.P.P. after looking into the case diary has submitted that there is no mention about the nature of injury. It is only mentioned that the injured was sent to higher Centre for treatment. The Doctor has found abrasion and other injuries on the person of the injured.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chausa (Fullaut O.P.) P.S. Case No. 35 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj,
Patna High Court Cr.Misc. No.27262 of 2018 (3) dt.22-06-2018 3/3 Madhepura, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- Rohit Kr.
U T