Sajan Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61727 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- ALAMNAGAR District- Madhepura ======================================================

1. Sajan Mandal son of Kailash Mandal,

2. Premlal Mandal @ Permanand Mandal, son of Kailash Mandal,

3. Budhan Mandal, son of Kailash Mandal,

4. Manoj Mandal, son of Kailash Mandal, All Resident of VillageTapra Tola Bargawan, P.S. Alamnagar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner nos. 1 and 4 are apprehending their arrest in a case registered under Sections 341, 323, 325, 307, 427, 504, 506, 27 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that while the informant was at his field, the accused persons, variously armed, surrounded him and assaulted due to which he sustained injuries. The person came in rescue were also assaulted.

As far as petitioner nos. 2 and 3 are concerned, application in respect to them were withdrawn vide order dated 8.10.2018 as they have been taken into judicial custody.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.61727 of 2018(3) dt.20-11-2018 2/2 petitioner nos. 1 and 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner nos. 1 and 4. The petitioner nos. 1 and 4 have falsely been implicated in the present case. The petitioner no. 4 along with others is alleged to have assaulted on the head of the victim. From the injury report of Rupesh Kumar, it appears that he has sustained injury on his leg. The said injury is on the non-vital part of the body. As far as petitioner no. 1 is concerned, no specific injury has been attributed against him.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner nos. 1 and 4, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Udakishunganj, Madhepura in connection with Alamnagar P.S. Case No. 101/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T