Anirudh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60073 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== ANIRUDH MANDAL SON OF LATE BHAGWAT MANDAL RESIDENT OF VILLAGE- CHAKLA, WARD NO. 02, PS- CHHATAPUR, DISTSUPAUL (BIHAR) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Bhushan Das, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023
1. Heard learned counsel for the Petitioner and learned APP for the State
2. Petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 173 of 2022 dated 09.05.2022 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506 read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent and as per the FIR, he assaulted at the head of the informant by means of Farsa but the informant sustained only two injuries on his person which have been opined to be simple in nature caused by hard and blunt object as per medical report
Patna High Court CR. MISC. No.60073 of 2023(2) dt.11-10-2023 2/3 and the injury report is filed as Annexxure-3 and at the time of commission of the alleged occurrence there was admittedly a land dispute running in between both the parties and a free fight took place in between them owing to which from the petitioner's side Chhatapur P.S. Case No. 176 of 2022 was lodged and several persons from petitioner's side also sustained injuries whose details are mentioned in the FIR of the said P.S. Case. Further submission is that in fact, the petitioner and his family members were constructing their house on their purchased land and then the prosecution party obstructed in their construction work which led to the commission of the alleged occurrence.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the above submissions and mainly the genesis of the occurrence as stated above and also the petitioner's fair and clean antecedent and the nature of injuries of the informant who is stated to have been assaulted by this petitioner, in my opinion, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner namedabove, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released
Patna High Court CR. MISC. No.60073 of 2023(2) dt.11-10-2023 3/3 on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Chhatapur P.S. Case No. 173 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Maynaz/- U T