Arun Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24655 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -BANKA District- BANKA ======================================================
1. Arun Mandal
2. Barun Mandal
3. Sarun Mandal All Sons of Late Jhari Mandal
4. Rabi Mandal @ Ravi Kumar son of Barun Mandal
5. Praveen Mandal son of Sikandar Mandal
6. Lakshman Mandal @ Laxuman Mandal son of Bharku Mandal All are residents of village - Ringa, P.S. & District - Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-07-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are named in the first information report in a case registered for the offences punishable under Sections 147,148, 149,323,307,438,427 and 504 of the Indian Penal Code.
It would appear that except section 307 and 438 of the Indian Penal Code, almost all the sections are bailable in nature. Annexure -2 to the petition reveals that informant sustained one simple injury which is said to be caused by hard and blunt substance. So far as section 438 of the Indian Penal Code is
Patna High Court Cr.Misc. No.24655 of 2015 (2) dt.13-07-2015 2/2 concerned, the application of the aforesaid section appears to be doubtful in the facts of the present case.
Accordingly, 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) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Banka Police Station Case no. 31 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Namita/- U T