Manindra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5748 of 2021 Arising Out of PS. Case No.-270 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Manindra Mandal, Gender-Male, aged about 56 years, son of Late Rajan Mandal.

2.

Khokhan Biswas @ Khokan Kumar, Gender-Male, aged about 25 years, son of Bipin Biswas.

3.

Aman Kumar Sikdar @ Aman Kumar, Gender-Male, aged about 24 years, son of Dinesh Kumar Sikdar.

All are resident of village-Sirisiya Colony, Ward No.9, P.S.- Bairiya, District- West Champaran.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Ansul, Advocate Mr. Sanjay Kumar No. 7, Advocate For the State :

Mr. Madan Kumar, APP For the Informant :

Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-12-2021 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Bairiya P.S. Case No. 270 of 2020 for the offence punishable under Sections 147, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

Vide order dated 06.09.2021, this anticipatory bail application on behalf of petitioner no.2, above named, has been dismissed as withdrawn as he has been arrested by the police.

Patna High Court CR. MISC. No.5748 of 2021(3) dt.01-12-2021 2/3 It is submitted by the petitioners that the injury report of the informant namely, Satish Kumar Das, shows that he has sustained grievous injury caused by hard and blunt substance and the author of those injuries is Khokhan Biswan @ Khokan Kumar, petitioner no.2, who has already been arrested by the Police.

It is further submitted that the petitioner nos. 1 and 3 are said to have assaulted the informant with knife but there is no knife injury upon the informant.

Learned counsel for the informant has appeared and vehemently opposes the prayer for anticipatory bail of the petitioner nos. 1 and 3 but he has not been able to make submissions in absence of injury report or any other materials. Considering the submissions advanced by learned counsel for the petitioners, this Court is inclined to grant anticipatory bail to the petitioner nos. 1 and 3. Let the petitioner nos. 1 and 3, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with

Patna High Court CR. MISC. No.5748 of 2021(3) dt.01-12-2021 3/3 Bairiya P.S. Case No. 270 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T