Patna High CourtCR. MISC./71716/2024bail granted

Lalu Kumar @ Lalu Mandal @ Lalu Kr. Mandal v. The State Of Bihar

2024-10-26Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71716 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Lalu Kumar @ Lalu Mandal @ Lalu Kr. Mandal S/o Ashok Mandal R/o Village- Bhagwatchak, P.S.- Shambhugnj, District- Banka 2.

Chhotu Mandal @ Chhotu Kumar @ Chhotu Kr. Mandal S/o Sanjay Mandal R/o Village- Bhagwatchak, P.S.- Shambhugnj, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Shambhuganj Police Station Case No. 166 of 2024, dated 06.06.2024, disclosing offences punishable under Sections 341/323/307/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 06.06.2024, due to dispute regarding passage, the petitioner no. 1 assaulted the informant by lathi on his head and the petitioner no. 2 snatched gold chain from the informant.

4. Learned Counsel for the petitioners submits that both the parties are neighbour and there is land dispute between

Patna High Court CR. MISC. No.71716 of 2024(2) dt.26-10-2024 2/2 them. The injury caused to the informant is simple in nature, as would be evident from injury report (Annexure P/2).

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is dispute between the parties regarding passage, both parties are neighbours and the injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on 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, in connection with Shambhuganj Police Station Case No. 166 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √