Patna High CourtCR. MISC./14472/2018partly allowed disposal

Deo Narayan Mandal And ORS v. The State Of Bihar

2018-04-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14472 of 2018 Arising Out of PS. Case No.-232 Year-2017 Thana- BHARGAWAN District- Araria ======================================================

1. Deo Narayan Mandal,

2. Surya Narayan Mandal,

3. Jai Narayan Mandal, All are S/o Late Baidya Nath Mandal, R/o Village- Paikpar, Sonapur, Ward No. 03, P.S.- Bhargama, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

After some arguments, learned counsel for the petitioners prays for withdrawal of his case on behalf of the petitioner no.1. The anticipatory bail application on behalf of the petitioner no.1 is permitted to be withdrawn with liberty to petitioner no.1 Deo Narayan Mandal to surrender before the court below and pray for regular bail. In the event, the application for regular bail is filed on surrender, the court below is directed to dispose of the same on the same day without being prejudiced by the withdrawal of this application.

Remaining two petitioners are apprehending arrest in connection with Bhargama P.S. Case No. 232 of 2017 for the offence under sections 341, 323, 324, 427, 354(B), 325, 307,

Patna High Court Cr.Misc. No.14472 of 2018(2) dt.06-04-2018 2/2 379, 504 and 506/34 of the Indian Penal Code. Considering the facts that there was case and counter case in which both sides sustained injury and the petitioners have no criminal antecedent, the court is inclined to grant anticipatory bail to the petitioners, let the petitioners, namely, Surya Narayan Mandal and Jai Narayan Mandal in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Araria, in connection with Bhargama P.S. Case No. 232 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T