Sunil Mandal @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52061 of 2022 Arising Out of PS. Case No.-223 Year-2022 Thana- JHAJHA District- Jamui ====================================================== 1.

Sunil Mandal @ Sunil Kumar S/o Nageshwar Mandal R/o villageGovindpur, Bandhpar, P.S.- Jhajha, District- Jamui 2.

Praveen Mandal @ Praveen Kumar S/o Late Ram Prasad Mandal R/o village- Govindpur, Bandhpar, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Pd. Keshri For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence while the informant was sleeping at her house, both petitioners entered her house and on the point of pistol petitioner no. 1 snatched cash of Rs. 50,000/- and ornaments. When the informant raised alarm petitioner no. 1 disrobed her and assaulted over the head of her husband by butt of pistol. When the Bhaisur of informant namely, Santosh

Patna High Court CR. MISC. No.52061 of 2022(2) dt.19-12-2022 2/3 Kumar came to save her he was also assaulted by the accused persons.

It is submitted that both parties are own Gotia. Due to petty dispute scuffle took place in which both sides sustained injuries. There is case and counter case. Allegation is general and omnibus. Petitioner claims clean antecedent. However, counsel for informant vehemently opposed the prayer for bail and submitted that there is specific allegation of assault against petitioner no. 1 who caused grievous injury to the informant.

Considering the nature of injury, I am not inclined to enlarge Sunil Mandal @ Sunil Kumar petitioner no. 1 on anticipatory bail. Accordingly, the same is rejected. So far as the case of Praveen Kumar @ Praveen Mandal petitioner no. 2 is concerned, there is general and omnibus allegation, petitioner no. 2 in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 223

Patna High Court CR. MISC. No.52061 of 2022(2) dt.19-12-2022 3/3 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T