Roki Kumar Mandal @ Rocky Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50087 of 2018 Arising Out of PS.Case No. -566 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Roki Kumar Mandal @ Rocky Kumar Son of Vijay Mandal

2. Umesh Mandal Son of late Laxmi Mandal

3. Vijay Mandal Son of Laxmi Mandal

4. Lal Bahadur Mandal Son of Laxmi Mandal

5. Laxman Mandal Son of Gurudev Mandal

6. Babulal Mandal Son of Gurudev Mandal

7. Nunu Lal Mandal Slon of Gurudev Mandal

8. Makum Mandal Son of Lutan Mandal All Residents of Village: Khabdah, P.S. Narpatganj, District: Araria.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-10-2018 Petitioner No.2 Umesh Mandal and Petitioner No.4 Lal Bahadur Mandal have already been arrested in this case, hence the anticipatory bail filed on their behalf is dismissed as has become infructuous.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 354(B), 379, 504 and 307/34 of the Indian Penal Code. There is case and counter case. The petitioner Roki

Patna High Court Cr.Misc. No.50087 of 2018 (3) dt.03-10-2018 2/3 Kumar Mandal @ Rocky Kumar allegedly caused injury with farsha at the head of the informant. The doctor has found consistent injury.

Since Roki Kumar Mandal @ Rocky Kumar had knowledge that the assault on head might cause death, I am not inclined to enlarge him on anticipatory bail. Accordingly, prayer for anticipatory bail of petitioner no.1 Roki Kumar Mandal @ Rocky Kumar is rejected.

There is general and omnibus allegation of commission of assault against the remaining petitioners. There is case and counter case. The petitioners' sides have also sustained injuries. Parties have entered into a compromise. Considering the aforesaid facts, let the petitioners, namely petitioner no.3 Vijay Mandal, petitioner no.5 Laxman Mandal, petitioner no.6 Babulal Mandal, petitioner no.7 Nunu Lal Mandal and petitioner no.8 Makum Mandal, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Narpatganj Police Station Case No. 566 of 2017, subject to the

Patna High Court Cr.Misc. No.50087 of 2018 (3) dt.03-10-2018 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) Amit/rajan U T