Mukesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53450 of 2022 Arising Out of PS. Case No.-277 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Mukesh Kumar Mandal, Son of Late Raj Kumar Mandal R/V- Kakahiya, P.Slaukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Laukahi P.S. Case No. 277 of 2021(G.R. No. 1935/2021) registered for the offences punishable under Sections 341, 323, 337, 307 and 504 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the petitioner and the co-accused persons started assaulting the informant on the order of the co-accused Ranjeet Mandal, the petitioner

Patna High Court CR. MISC. No.53450 of 2022(2) dt.17-01-2023 2/3 assaulted on the head of the informant with spade with intent to kill, causing severe injuries and the petitioner also assaulted on the head of the informant's wife Ranju Devi with iron rod. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. Both the parties are on inimical term due to land dispute. He further submitted that the injuries of the injured are simple in nature caused by hard and blunt substance which is on non vital part of the body. The petitioner has got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P.

for the State has opposed the prayer for anticipatory bail of the petitioner and submitting that the informant sustained two injuries, one injury is on his head and other injury is on his forearm which is grievous in nature. Considering the aforesaid facts and circumstances of the case as well as the fact that the injuries on the informant are simple in nature and is on non vital part of the body, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.53450 of 2022(2) dt.17-01-2023 3/3 Jhanjharpur, District- Madhubani in connection with Laukahi P.S. Case No. 227 of 2022 (G.R. No. 1935 of 2021), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T