Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.835 of 2021 Arising Out of PS. Case No.-53 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.

BHOLA MANDAL S/O Late Bihari Mandal Resident of Village- Panchayat Dhaneshwar, Ward No. 3, P.S. Bhargama, District - Araria. 2.

Parmeshwari Mandal S/O Late Sukhay Mandal Resident of VillagePanchayat Dhaneshwar, Ward No. 3, P.S. Bhargama, District - Araria. 3.

Subodh Mandal S/o Surju Mandal Resident of Village- Panchayat Dhaneshwar, Ward No. 3, P.S. Bhargama, District - Araria. 4.

Baitha Mandal S/o Surju Mandal Resident of Village- Panchayat Dhaneshwar, Ward No. 3, P.S. Bhargama, District - Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 379, 120(B), 504, 506 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation, in short, is that the accused

Patna High Court CR. MISC. No.835 of 2021(2) dt.25-06-2021 2/3 persons variously armed came to the door of the informant and started assaulted him along with family members due to which they sustained injuries.

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. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned J.M. 1st Class, Araria in connection with Bhargama P.S. Case No. 53 of 2019 (G.R. No. 873 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall

Patna High Court CR. MISC. No.835 of 2021(2) dt.25-06-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T