Jitednra Mandal @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49295 of 2022 Arising Out of PS. Case No.-144 Year-2021 Thana- HABIBPUR District- Bhagalpur ====================================================== Jitednra Mandal @ Jitendra Kumar Son of Dinesh Mandal Resident of Village - Bhairopur, P.S.- Habibpur, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Chandra, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19. The petitioner apprehends his arrest in connection with Habibpur P.S. Case No.144 of 2021 instituted under Sections 341,323,324,504,506,307, 34 of the IPC.

As per the prosecution story, allegation is that the accused persons stated that they will call people from outside and the gambling will take place there and in case anyone opposes they will be thrashed. When the informant opposed to the said proposal, it is alleged that Mantu Mandal, Nand Mandal and Dharmendra Kumar inflicted injuries upon him as also his brother for which they were referred to Sadar Hospital, Bhagalpur where treatment was/were going on.

Learned counsel for the petitioner submits that there is specific allegation against Mantu Mandal, Nand Mandal and Dharmendra Kumar of inflicting injuries on the informant's side. So

Patna High Court CR. MISC. No.49295 of 2022(2) dt.06-01-2023 2/2 far as the petitioner Jitendra Mandal is concerned, save and except that fact that his name appears in the list of accused, no role has been attributed to him. Further, he do not have any criminal antecedent. Learned APP on the other hand opposes the prayer for anticipatory bail.

Taking into account the fact that specific allegation is /are against Mantu Mandal, Nand Mandal and Dharmendra Kumar, the petitioner do not have any role to play, he do not have any criminal antecedent, this Court is inclined to grant him relief. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Habibpur P.S. Case No.144 of 2021 to the satisfaction of learned A.C.J.M.,IXth, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T