Niranjan Mandal @ Suman Kumar And Others v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8196 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

NIRANJAN MANDAL @ SUMAN KUMAR AND OTHERS Son of Tiwari Mandal Resident of Village - Madhuban Patwar, Police Station - Pirpainti, District - Bhagalpur.

2.

ARBIND MANDAL Son of Tiwari Mandal Resident of Village - Madhuban Patwar, Police Station - Pirpainti, District - Bhagalpur. 3.

RAVI SHANKAR MANDAL Son of Tiwari Mandal Resident of Village - Madhuban Patwar, Police Station - Pirpainti, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Pirpainti (Bakharpur) P.S. case No.89 of 2020

Patna High Court CR. MISC. No.8196 of 2021(3) dt.20-01-2022 2/3 registered under Sections 341, 323, 504, 307, 34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and his brother by means of lathi and rod, due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Both the parties are agnates. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19

Patna High Court CR. MISC. No.8196 of 2021(3) dt.20-01-2022 3/3 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned A.C.J.M. XI, Bhagalpur in connection with Pirpainti (Bakharpur) P.S. case No.89 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T