Bhola Mandal @ Bhola Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63323 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Bhola Mandal @ Bhola Kumar Mandal S/o Mahesh Mandal Resident of Village- Simiahi, Ward No. 4, P.S.- Surasad, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 366 and 379/ 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his daughter on 25.03.2024 at 5.00 A.M. left home with ornaments and Rs.42,000/-. Further, during search, his son asked Bhola Mandal (petitioner) whether he had seen his sister, when Bhola along with his family members confined his son. Accordingly, the informant on coming to know that his son has been confined came to the house of the accused
Patna High Court CR. MISC. No.63323 of 2024(3) dt.17-12-2024 2/3 persons and requested Bhola to leave his son, when he was also confined. Thereafter, Sarpanch was informed, who came for getting them released, but the accused persons including 15-20 unknown accused assaulted them causing injury to him and his son.
4. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioner. It is also submitted that it appears that the daughter of the informant left her home with ornaments and cash and the informant was alleging against the petitioner and his family members for getting the occurrence committed and thus, the occurrence took place. It is also submitted that allegation of assault is exaggerated as the injury suffered by the injured is simple in nature.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.63323 of 2024(3) dt.17-12-2024 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupri, Sitamarhi in connection with Sursand P. S. Case No.154 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T