Patna High CourtCR. MISC./78096/2023bail granted

Sharban Mandal v. The State Of Bihar

2024-01-15Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78096 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Sharban Mandal S/O Jogendra Mandal R/O Village- Barkurba Dullipatti, P.SJaynagar, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Jaynagar P.S. Case No. 195/2023, GR No. 762/2023 dated 08.05.2023 registered for the offences punishable under Sections 341, 323, 354B, 379, 504, 506 and 307 read with 34 of the Indian Penal Code.

4. As per the prosecution case, on 24.04.2023 Shital Mandal had kept liquor in the informant's paddy straw. On objection by the informant, they assaulted him and snatched

Patna High Court CR. MISC. No.78096 of 2023(2) dt.15-01-2024 2/3 golden chain from the neck of informant's wife and tore her blouse and Sharban Mandal, Yogendra Mandal, Baharu Mandal, Shiliya Devi and Kari Devi assaulted the informant with farsa on his head. It is further alleged that Suresh Mandal also assaulted the informant's daughter-in-law with bricks.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is a delay of 12 days in lodging the FIR. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the injury is a lacerated wound of size 1 /2" X 1 /2" X 1/3" on left frontal area of skull caused by hard and blunt substance.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.78096 of 2023(2) dt.15-01-2024 3/3 concerned, Madhubani in connection with Jaynagar P.S. Case No. 195/2023, GR No. 762/2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T