Kishori Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67631 of 2019 Arising Out of PS. Case No.-102 Year-2016 Thana- PARBATTA District- Bhagalpur ====================================================== KISHORI MANDAL Son of Late Bishu Mandal Resident of Village - Bahatra, P.S.- Parbatta, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2019 The supplementary affidavit annexing injury report is filed. Let the same be kept on record.

Heard both sides.

The petitioner apprehends his arrest in Parbatta P.S. Case No.102 of 2016 registered under Sections 147, 148, 504, 307, 427 and 379 of the Indian Penal Code.

The informant named ten persons and alleged that all the accused persons having armed with different weapons came to his darwaza and began to abuse. Kishori Mandal(the petitioner) is alleged to have assaulted the informant with iron rod on his head and blood started oozing from the head of the informant. Rakesh Kumar and Manish Kumar, sons of the informant came to save but the accused persons also assaulted them. The accused persons took away different articles from the house of the informant.

The learned counsel for the petitioner submits that there is a counter version being Parbatta P.S. Case No.101 of 2016. The occurrence took place due to land dispute. From the

Patna High Court CR. MISC. No.67631 of 2019(2) dt.05-11-2019 2/2 side of the petitioner also, many persons were injured. The informant got lacerated wound on his forehead which is opined to be simple in nature.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that there appears from perusal of case and counter case that both sides were engaged in mutual assault on each other on account of land dispute in which the informant on account of assault made by the petitioner got simple injury, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Chief Judicial Magistrate, Bhagalpur in connection with Parbatta P.S. Case No.102 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T