Ramchandra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57515 of 2023 Arising Out of PS. Case No.-928 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.

Ramchandra Mandal S/O- Agahanu Mandal R/O- Village- Telwa, Ward No.- 11 P.S.- Supaul, Dist.- Supaul.

2.

Laltu Kumar @ Laltu Mandal S/O- Ramchand Mandal R/O- Village- Telwa, Ward No.- 11 P.S.- Supaul, Dist.- Supaul.

3.

Subhash Kumar Mandal @ Subash Kumar S/O- Ramchandra Mandal R/OVillage- Telwa, Ward No.- 11 P.S.- Supaul, Dist.- Supaul. ... ... Petitioners

Versus

The State Of Bihar, Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking prearrest bail in connection with Supaul P.S. Case No.- 928 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354, 504, 506/34 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioners submits that on 05.10.2022 the petitioners armed with deadly weapons came to the house of the informant and started abusing. When the informant objected, petitioner no. 1 with an intention to kill attacked the informant with a knife and stabbed him on his

Patna High Court CR. MISC. No.57515 of 2023(2) dt.30-08-2023 2/3 stomach then petitioner nos. 2 and 3 assaulted the informant with lathi and farsa on his stomach which resulted in grievous injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It is submitted that no grievous injury has been caused to the informant.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the facts and circumstance of the case wherein this Court has noticed from the injury report (Annexure '3') that as many as five lacerated wounds in horizontal size around 12 x 1.5 x 3 cm have been found in the abdomen and there after two stab wounds have been found in the abdomen of the informant, in the nature of the weapon used by the petitioner no. 1 and the repeated assault allegedly caused by the other two petitioners, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

7. The prayer for anticipatory bail of the petitioners is refused.

8. In case the petitioners surrender and pray for regular bail in the court below within a period of four weeks

Patna High Court CR. MISC. No.57515 of 2023(2) dt.30-08-2023 3/3 from today, their prayer shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of.

(Rajeev Ranjan Prasad, J) tusharika/- U T