Amarjeet Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58797 of 2022 Arising Out of PS. Case No.-134 Year-2020 Thana- BAUNSI District- Banka ====================================================== 1.

Amarjeet Mandal S/O Bharat Mandal R/O Village- Ajiyadih, P.S.- Bounsi, District- Banka 2.

Dhananjay Mandal S/O Kanhay Mandal R/O Village- Ajiyadih, P.S.- Bounsi, District- Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to road soiling, six named accused persons including the petitioners came and started abusing the informant. It is further alleged that Nitish Kumar assaulted the informant with hammer causing injury on his head and other accused persons also assaulted him with lathi. Thereafter, petitioner no.2 and Pankaj Mandal came started

Patna High Court CR. MISC. No.58797 of 2022(8) dt.23-05-2023 2/2 abusing him and all the accused persons assaulted the informant's family members.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that no specific allegation is alleged against the petitioner no.1 and as far as petitioner no.2 is concerned, the allegation against him is also general and omnibus in nature. It is further submitted that injury suffered by the injured are simple in nature.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Bounsi P. S. Case No.134 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T