Ashok Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39643 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Ashok Mandal,

2. Dharmendra Mandal Both are sons of Bauye Lal Mandal,

3. Maikal Mandal

4. Jaikaran mandal Both are sons of Ashok Mandal,

5. Genalal Mandal

6. Laldeo Mandal Both are sons of Gena Lal Mandal,

7. Manish Mandal Son of Gena Lal Mandal All are R/o Village- Ajijpur Chande Tola Nareshpur, P.S.- Patepur, District- Vaishali.

8. Ram Kumare Mandal Son of Lalo Mandal, R/o Village- Sakrauli, P.S.- Patepur, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Arun Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-10-2017 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor representing the State.

The petitioners apprehend arrest in connection with Patepur P.S. Case No. 91 of 2016 registered for the offences punishable under sections 147, 148, 149, 323, 307, 379, 385 and 504 of the Indian Penal Code.

It is alleged that altogether 8 FIR named accused assaulted the informant and snatched golden chain and cash amount of Rs. 5,000/-. It has been submitted that the petitioner no. 2 is allegedly

Patna High Court Cr.Misc. No.39643 of 2017 (2) dt.17-10-2017 2/2 an order giver and on his order, the petitioner no. 1 allegedly assaulted the informant by butt of pistol. The allegation against the petitioner nos. 2 to 8 appears to be omnibus. The injury report annexed as Annexure-2 to this application, shows that the informant sustained as many as four injuries on his person, out of which one is on forehead. Considering the specific allegation of assault by butt of fire arms by petitioner no. 1 on his head, I am not inclined to grant him privilege of anticipatory bail. Accordingly, his prayer is rejected. So far as petitioner nos. 2 to 8 are concerned, allegation against them appears omnibus. None of them has any antecedent and their prayer for grant of anticipatory bail is allowed.

Let the above named petitioner nos. 2 to 8 in the event of arrest or surrender before the Court below within a period of six months from the date of receipt or production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Vaishali at Hajipur in connection with Patepur P.S. Case No. 91 of 2016, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.

(Sanjay Kumar, J) Mahesh/- U T