Vikash Kumar Mandal @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70634 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- LAUKAHI District- Madhubani ====================================================== Vikash Kumar Mandal @ Vikas Kumar S/O Lakhan Mandal @ Shiv Lakhan Mandal Resident of Village- Kakahiya, P.S- Laukahi, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-10-2024 Heard Mr. Baleshwar Kamat, learned Counsel for the Petitioner and Mr. Parmanand Kumar, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Laukahi P.S. Case No. 80 of 2024 dated 29.04.2024 registered for the offences punishable under Sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel appearing for the petitioner are that the petitioner is 19 years old person, he has been alleged to have assaulted the informant by a sharp edged weapon, namely, dabiya but on the person of the informant only one injury at left parietal region
Patna High Court CR. MISC. No.70634 of 2024(2) dt.23-10-2024 2/3 has been found and the same has been opined to be simple in nature caused by hard and blunt object which falsifies the allegation of using sharp edged weapon to assault the informant and further in the present time, a good relation has restored in between both the parties, in this regard, Annexure-3 has been filed. It has been further submitted that the petitioner has fair and clean antecedent and the alleged offence under Section 307 of the Indian Penal Code is not made out against this petitioner.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the facts and circumstances of this case and petitioner's young age as well as his fair and clean antecedent mainly coupled with the fact that the allegation levelled against him in the F.I.R. as to assaulting the informant by means of sharp edged weapon, namely, dabiya does not get corroboration from the nature of injury found on the person of the informant as reflects from the annexure-2, in my opinion, it is a fit case for anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with
Patna High Court CR. MISC. No.70634 of 2024(2) dt.23-10-2024 3/3 two sureties of the like amount each to the satisfaction of the Court concerned in connection with Laukahi P.S. Case No. 80 of 2024 (G.R. No. 585 of 2024), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) Neha/- U T