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Patna High CourtCR. MISC./76432/2024bail granted

Chhotan Mandal @ Ravindra Manjhi v. The State Of Bihar

2024-11-14Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76432 of 2024 Arising Out of PS. Case No.-449 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

Chhotan Mandal @ Ravindra Manjhi Son of Sumit Mandal @ Somit Manjhi @ Somit Manjhi Residents of Village - Jori Bigha, P.S. - Barachatti (Mohanpur), District - Gaya 2.

Karu Mandal @ Umesh Mandal @ Umesh Bhuiyan @ Umesh Bhuiyan son of Deochand Mandal Residents of Village - Jori Bigha, P.S. - Barachatti (Mohanpur), District - Gaya 3.

Deepak Mandal @ Deepak Kumar Manjhi Son of Ramatar Mandal @ Ramotar Manjhi Residents of Village - Jori Bigha, P.S. - Barachatti (Mohanpur), District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024

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 Barachatti Police Station Case No. 449 of 2023, dated 12.05.2023, disclosing offences under Sections 147, 149, 323, 325, 379 and 307 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that petitioners, along with other accused persons total 7 in numbers, armed with lathi, danda etc., assaulted the informant due to which he sustained injury on head and other parts of the body.

Patna High Court CR. MISC. No.76432 of 2024(2) dt.14-11-2024 2/2

4. Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners and the injury caused to the informant is simple in nature, as would be evident from the injury report annexed at Annexure-2.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioners are general and omnibus and the injury caused to the informant is simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Sherghati, Gaya, in connection with Barachatti Police Station Case No. 449 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Siwani/- U T