Sunil Kumar @ Sunil Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46365 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- KHAIRA District- Jamui ====================================================== 1.
Sunil Kumar @ Sunil Kumar Mandal Son of Late shankar Prasad Mandal Resident of Village - Pradhanchak, Post- Pradhanchak, P.S- Khaira, DistJamui 2.
Pawan Mandal Son of Late Shankar Prasad Mandal Resident of Village - Pradhanchak, Post- Pradhanchak, P.S- Khaira, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gyanand Roy For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Khaira P.S. Case no. 163 of 2022 instituted for the offence under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.
As per allegation in the FIR, while the informant was returning from his sasural to his native village, in the way, three culprits dashed his bike from back as a result of which he fell down and accused persons robbed him and petitioner no. 1 assaulted him by iron rod resulting into his head injury and
Patna High Court CR. MISC. No.46365 of 2022(2) dt.14-12-2022 2/3 bleeding from his nose and ear.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Accused Pankaj Mandal, who is younger brother of the petitioners, was arrested and forwarded on jail on 16.04.2022, who has been granted bail by order dated 22.04.2022 passed in Khaira P.S. Case No. 103 of 2022. Injury report of the informant shows that there is no injury on the head of the informant simply abrasion was found on the nose and redness in left eye were shown and nature of injuries were found to be simple in nature caused by hard and blunt substance.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Khaira P.S. Case no. 163 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.46365 of 2022(2) dt.14-12-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U T