Sant Lal Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67301 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Sant Lal Mandal, Son of Late Bulaki Mandal 3.

Anil Mandal, Son of Sant Lal Mandal, Sunil Mndal, Son of Sant Lal Mandal, All are Resident of Village-Tapuwa Tola, Bargaon, P.S. Alam Nagar, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-05-2019 Learned counsel for the petitioners submits that petitioner nos. 1 and 3, namely, Sant Lal Mandal and Sunil Mandal, have been arrested by the police, so he seeks permission to withdraw this application with respect to petitioner nos. 1 and 3.

Permission is accorded.

Accordingly, this application is dismissed as withdrawn with respect to petitioner nos. 1 and 3. Heard learned counsel for the petitioner no. 2 and the learned A.P.P. for the State.

The petitioner no. 2 apprehends his arrest in connection with Alam Nagar P.S. Case No. 101 of 2018,

Patna High Court CR. MISC. No.67301 of 2018(3) dt.21-05-2019 2/3 registered under Sections 323, 341, 325, 307, 427, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of A.C.J.M., Uda-Kishunganj, Madhepura.

The accusation is that eight persons named in the F.I.R. including the petitioners surrounded the informant, Shatrumandar Singh. At that time, Kailash and Sant Lal Mandal (petitioner no.1) started firing in air and ordered to left the filed. When Kumar Rupesh and Pankaj Kumar Singh rushed to save the informant then on the order of Kailash, Manoj Mandal, Sunil Mandal(petitioner no.3) and Sant Lal Mandal caused injury through lathi and axe to Bhupesh whereas Prem Lal, Budhan and Anil Mandal (petitioner no. 2) also caused injury to Pankaj Singh through iron rod and axe causing fracture injury at his leg and hand.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner no. 2, I am not inclined to grant anticipatory bail to him. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner no. 2 is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without

Patna High Court CR. MISC. No.67301 of 2018(3) dt.21-05-2019 3/3 being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T