Patna High CourtCR. MISC./48763/2017allowed

Mahendra Mandal And ANR v. The State Of Bihar

2017-11-23Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.48763 of 2017 (3) dt.23-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48763 of 2017 Arising Out of PS.Case No. -289 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Mahendra Mandal

2. Sudish Mandal Both are Sons of Late Gangadhar Mandal Resident of village- Chandail Maricha, Police Station and District- Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Goutam For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Supaul Police Station Case No. 289 of 2017, disclosing offences under Sections 147, 149, 341, 323, 325, 379, 406 and 504 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the F.I.R. has been lodged after lapse of 5 days from the date of occurrence, which itself creates doubt over the prosecution version. Moreover, the specific allegation is leveled against the co-accused, Santosh Mandal, who is said to have assaulted with bricks to the

Patna High Court Cr.Misc. No.48763 of 2017 (3) dt.23-11-2017 informant. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul Police Station Case No. 289 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T