Umesh Kumar Mandal @ Umesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61966 of 2022 Arising Out of PS. Case No.-290 Year-2016 Thana- SUPAUL District- Supaul ====================================================== 1.

Umesh Kumar Mandal @ Umesh Mandal Son Of Dhalo Mandal Resident Of Village - Semair, Ward No.- 1, Police Station - Supaul, District - Supaul. 2.

Indra Narayan Mandal Son Of Sarvlal Mandal @ Sarflal Mandal Resident Of Village - Semair, Ward No.- 1, Police Station - Supaul, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379, 504, 354B and 34 of the Indian Penal Code. Petitioners are said to have assaulted the informant, his wife, daughter and son.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He

Patna High Court CR. MISC. No.61966 of 2022(2) dt.23-02-2023 2/2 submits that there is general and omnibus allegation levelled against the petitioners. He submits that the petitioners were on the privilege of Section 41(1) of the Code of Criminal Procedure but after investigation, police submitted charge sheet for the offence under Section 341, 323, 354(A), 308, 504 and 34 of the IPC. He further submits that petitioners has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Supaul P.S. Case No. 290 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T