Kishore Kumar Mandal @ Kishore Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62416 of 2022 Arising Out of PS. Case No.-289 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== 1.

Kishore Kumar Mandal @ Kishore Mandal Son Of Late Shivjee Narayan Resident Of Village - Suratganj, Ward No.- 17, P.S.- Town, District - Madhubani 2.

Rohit Kumar @ Rohit Mandal Son Of Kishore Mandal Resident Of Village - Suratganj, Ward No.- 17, P.S.- Town, District - Madhubani 3.

Durgesh Mandal @ Durgesh Kumar Mandal Son Of Kishore Kumar Mandal Resident Of Village - Suratganj, Ward No.- 17, P.S.- Town, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. As per prosecution case, all the petitioners assaulted the informant with the iron rod and took away Rs. 25,000/- cash and gold chain weighing 1 1⁄2 bhar worth Rs. 80,000/-.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. The

Patna High Court CR. MISC. No.62416 of 2022(2) dt.23-02-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that, it is alleged that the petitioner no.1 has assaulted the informant by iron rod, but as per the injury report no external on forehead has been found by the Doctors. Petitioners no. 1 and 3 have no criminal antecedent but petitioner no. 2 has one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Madhubani (Town) P.S. Case No.289 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T