Sakaldev Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68622 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

SAKALDEV MANDAL Son of Late Saryug Mandal Resident of Village - Teliyari Road, Sarkal Tola, P.S.- Bhawanipur, Distt.- Purnea. 2.

Sudhir Mandal Son of Sakaldev Mandal Resident of Village - Teliyari Road, Sarkal Tola, P.S.- Bhawanipur, Distt.- Purnea. 3.

Pinki Devi W/o Sudhir Mandal Resident of Village - Teliyari Road, Sarkal Tola, P.S.- Bhawanipur, Distt.- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Bhawanipur P.S. Case No. 85 of 2019, registered for the offences punishable under Sections 448, 341, 323, 324, 307, 504/34 of the Indian Penal Code. As per F.I.R., petitioners are named in the F.I.R and there is specific allegation against all of them of assault by lathi, danda and other weapon to the informant and other family members.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and petitioners also received injuries.

Patna High Court CR. MISC. No.68622 of 2019(2) dt.25-10-2019 2/3 Learned A.P.P. for the State has opposed the prayer of bail on the ground Chhanguri Mandal sustained injuries on the head was found to be grievous in nature and that has been attributed against petitioner No. 1.

Having heard both sides. So far as petitioner no.1 is concerned, in view of the allegation, I am not inclined to grant privilege of anticipatory bail to him, however, he is directed to surrender before the learned Court below and make prayer for regular bail and Court below will consider the matter on its own merit without being prejudiced by order of this court and if possibly be disposed of at the same day.

So far as petitioner No.2 and 3 are concerned, let the petitioner No.2 and 3 above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned C.J.M., Purnea in connection with Bhawanipur P.S. Case No. 85 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

With the aforesaid condition this application stands

Patna High Court CR. MISC. No.68622 of 2019(2) dt.25-10-2019 3/3 disposed of.

(Vinod Kumar Sinha, J) T.Kr./- U T