Chhote Lal Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50698 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -BANKA District- BANKA ======================================================
1. Chhote Lal Mandal, son of Paleshwar Mandal
2. Anoda Devi, wife of Chhote Lal Mandal
3. Sunil Kumar Mandal, son of Chhote Lal Mandal All resident of Village-Chutiya, P.S.-Banka, District-Banka. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are seeking anticipatory bail in connection with Banka P.S. Case No.68 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
Learned counsel for the petitioners submits that the allegation against the petitioner no.1 is that on his order his son Rajkumar Mandal gave a Garasa blow from behind, as a result of which the injured fell down. The allegations against the petitioner nos.2 and 3 are general and omnibus. No specific assault or injury has been assigned to either of the two petitioners. On the other hand, learned APP for the State
Patna High Court Cr.Misc. No.50698 of 2017 (2) dt.18-10-2017 opposed the prayer for anticipatory bail.
Considering the facts and circumstances, the prayer for anticipatory bail of petitioner no.1 is rejected. If he surrenders in the court below and prays for regular bail, the same shall be considered on the basis of the materials available on the record without being prejudiced by the present order. So far as petitioner nos.2 and 3 are concerned, in case of their arrest or surrender within a period of four weeks from today, the above named petitioner nos. 2 and 3 are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.68 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. The application is disposed of accordingly.
(Rajeev Ranjan Prasad, J) Arvind/- U T