Patna High CourtCR. MISC./29693/2018partly allowed disposal

Bidya Nand Mandal And ANR v. The State Of Bihar

2018-10-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29693 of 2018 Arising Out of PS.Case No. -130 Year- 2017 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Bidya Nand Mandal, S/o Late Shankar Mandal,

2. Jodhan Mandal, S/o Late Mauze Mandal, Both R/o Vill.- Bajooban, P.S.- Andhramath, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 04-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Andharamath P.S. Case No.130 of 2017 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that petitioner no.1 caused fire arm injury to Nitish Kumar Raut in his abdomen and he fell down. It is further alleged that petitioner No.2 caused fire arm injury to Harish Chandra Raut, which hit in his left hand. Case diary has been received. Injury report of Nitish Kumar is available in the case diary, wherein, doctor has found one lacerated wound of entry of size 1 cm x 1 cm in front of abdomen with omentum protruding out.

Patna High Court Cr.Misc. No.29693 of 2018 (6) dt.04-10-2018 2/2 From the injury report of Nitish Kumar, it appears that he sustained serious injury.

In view of such, this Court is not inclined to grant bail to petitioner No.1-Bidya Nand Mandal.

Prayer of the petitioner No.1-Bidya Nand Mandal for grant of bail is rejected at this stage.

So far petitioner No.2, Jodhan Mandal, is concerned, he is alleged to have caused injury on the left hand of Harish Chandra Raut, but there is no injury report of Harish Chandra Raut available in the case diary.

In view of such,, prayer of the petitioner No.2, Jodhan Mandal, for grant of bail is allowed. Let petitioner No.2, Jodhan Mandal, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Jhanjharpur, Madhubani, in connection with Andharamath P.S. Case No.130 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T