Arun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7887 of 2017 Arising Out of PS.Case No. -75 Year- 2014 Thana -RAJOUN District- BANKA ====================================================== Arun Mandal, Son of Somi Mandal, Resident of Village- Bhadwa, P.S.- Rajoun, District- Baka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rajoun P.S. Case No. 75 of 2014 instituted for the offence under Sections 302/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is allegation against the petitioner that he along with other co-accused persons namely, Dobhi Mandal, Brajesh Mandal and Bantu Mandal assaulted the informant with Lathi, Farsa and Khanti etc. causing bleeding injury.

It is mentioned in the injury report that CT Scan was advised to the informant but he never went for CT Scan. Case diary has been received.

The learned A.P.P. after looking into the case diary did

Patna High Court Cr.Misc. No.7887 of 2017 (3) dt.22-03-2017 2/2 not contradict the aforesaid submissions made by the petitioner. From the written report it appears that there is specific allegation against co-accused Brajesh Mandal of piercing iron Sang in the chest of the maternal brother of the informant, who fell down and died later on. There is allegation against the petitioner that he along with other accused persons assaulted the informant by means of Lathi, Farsa and Khanti. It is mentioned in the injury report that CT scan was advised to the informant, but he never went for CT scan.

It is mentioned in paragraph-3 of the bail petition that the petitioner has clean antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rajoun P.S. Case No. 75 of 2014, he shall be released 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 learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T