Arun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51117 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- DANDKHORA District- Katihar ====================================================== Arun Mandal S/O Late Madhusudan Mandal R/O- Sauria, P.S.- Dandkhora, Distt.- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 385, 307, 379, 504, 506/34 of the Indian Penal Code. As per FIR, informant was threatened to stop the construction work in the shop and was threatened and demanded to pay Rs. Two Lakh. On opposition to the same demand by the all the named accused engaged in scuffle with the informant and his grand son and looted the centering materials and threatened to kill the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.51117 of 2022(2) dt.12-12-2022 2/2 case due to local politics and ulterior motive of the informant. Learned counsel for the petitioner submits that he assaulted the informant by means of Farsa and injury is simple in nature. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para '3' of the bail application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the injury is simple in nature, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dandkhora P.S. Case No. 29 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.