Patna High CourtCR. MISC./4143/2015bail granted

Binod Mandal And ORS v. The State Of Bihar

2015-02-03Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.4143 of 2015 (2) dt.03-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4143 of 2015 Arising Out of PS.Case No. -349 Year- 2014 Thana -BIRAUL District- DARBHANGA ======================================================

1. Binod Mandal

2. Santosh Mandal

3. Anil Mandal All Sons of Sh. Kharu Mandal .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Sanjay Kr. Tiwary No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2015 Supplementary affidavit is filed on behalf of the petitioners.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Biraul P.S. Case No. 349 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

Petitioners are named in the first information report but according to prosecution case itself, petitioners no. 2 and 3 gave farsa blow to the father of the informant and so far as petitioner no. 1 is concerned, no specific overt-act has been

Patna High Court Cr.Misc. No.4143 of 2015 (2) dt.03-02-2015 attributed against him. The father of the informant sustained simple injury said to be caused by hard and blunt substance. There is counter case also and it is stated in the counter case that prosecution party assaulted the petitioners and others. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Sub Divisional Judicial Magistrate, Biraul at Benipur, Darbhanga in Biraul P.S. Case No. 349 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T