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Patna High CourtCR. MISC./50848/2023bail granted

Tripurari Mandal @ Tripurari Kumar Mandal v. The State Of Bihar

2023-08-23Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50848 of 2023 Arising Out of PS. Case No.-68 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Tripurari Mandal @ Tripurari Kumar Mandal Son Of Raj Kishore Mandal Resident Of Village- Sonbarsa, P.S.- Alamnagar, Distt- Madhepura 2.

Sujeet Patel @ Sujeet Kumar Patel Son Of Anil Patel Resident Of VillageSonbarsa, P.S.- Alamnagar, Distt- Madhepura ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with Alamnagar P.S. Case No. 68 of 2021 registered for the offences punishable under Sections 341, 323, 324, 342, 379, 504, 506, 307 and 34 of the Indian Penal Code. They have no criminal antecedent.

3. As per the prosecution story, the son of the informant owns a barber shop in Sonbarsa. On 26.03.2021 when the son of the informant was at his shop, the FIR named accused persons came to his shop and after shaving they denied to pay the money. When the informant's son asked for his hard-earned money, the two persons assaulted him by dabia. One Krishna

Patna High Court CR. MISC. No.50848 of 2023(2) dt.23-08-2023 2/3 Sahni came to rescue his son, then he was also assaulted. The FIR named accused persons also assaulted the informant and snatched the money from Krishna Sahni and the informant's son.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that both the parties have indulged in some dispute over money.

5. Learned counsel for the petitioners further submits that the injuries caused to the son of the informant are shown to be simple in nature.

6. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that both the parties seem to have indulged in some dispute over money, in the alleged occurrence as per injury report only simple injuries have been found and there was no repetition of assault as also that these petitioners have otherwise no criminal antecedent, this Court directs that in case of their arrest or surrender within a period of four weeks from today, the petitioners above named be released on bail in connection with

Patna High Court CR. MISC. No.50848 of 2023(2) dt.23-08-2023 3/3 Alamnagar P.S. Case No. 68 of 2021 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name ofverification.

9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T