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Patna High CourtCR. MISC./65440/2024disposed

Shivnandan Mandal v. The State Of Bihar

2024-10-03Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65440 of 2024 Arising Out of PS. Case No.-137 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Shivnandan Mandal S/o Sitaram Mandal R/o Village Jinhara PS Laxmipur District Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the State :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-10-2024 Heard the parties

2. The petitioner is apprehending his arrest in connection with Laxmipur P.S. Case No. 137 of 2021 for the offence under Sections 447, 341, 323, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code, lodged on 22.04.2021 by the informant, Vishal Kumar.

3. As per the prosecution story, the informant alleged that while he was getting his land measured and brother and mother had arrived with the meal, the accused persons including this petitioner firstly opened fire thereafter gave tangi blow causing injury on the head and further snatched chain/money. Accordingly, the F.I.R.

4. Learned counsel for the petitioner submits that the minor scuffle took place and the injury is found to be simple in

Patna High Court CR. MISC. No.65440 of 2024(2) dt.03-10-2024 2/2 nature, the parties have compromised and the informant is ready to become a bailor.

5. Learned APP opposed the prayer submitting that allegation is against this petitioner of assault and further the matter is of the year 2021, he preferred two anticipatory bail applications before the learned Sessions Judge.

6. Allegation is there against this petitioner, he delayed coming to this Court, in that background, relief cannot be extended to him, accordingly the anticipatory bail application stands rejected.

7. Taking into account the contention of the petitioner that they have subsequently compromised if, he surrenders and prefers bail in next four weeks and the informant appears as a bailor, the same shall be considered by the court and dispose it of on the same day.

(Rajiv Roy, J) vinayak/- U T