Pappu Kumar Mandal @ Pappu Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12454 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR ======================================================

1. Pappu Kumar Mandal @ Pappu Mandal ,

2. Sharawan Kumar Kushwaha @ Sharawan Mandal.

3. Santosh Kumar Kushwaha @ Santosh Mandal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Akbarnagar P.S.Case No.105 of 2016 registered for offences punishable under Sections341, 323, 307, 427, 452, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is about assault against the informant and others.

It is submitted on behalf of the petitioners that there is a case and counter case between the parties and some injures have been found on the person of injured but it is simple in nature except one injury on the son of the informant about which opinion of the Doctor has been kept reserved but the diary shows that he has not appeared before the Doctor for writing opinion.

Patna High Court Cr.Misc. No.12454 of 2017 (3) dt.13-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, and also in view of injuries, which are simple in nature, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Bhagalpur in connection with Akbarnagar P.S.Case No.105 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the trial of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U