Azad Mandal@Azad Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78363 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.
AZAD MANDAL@AZAD RAM SON OF BHADI RAM RESIDENT OF VILLAGE- GARHI BISHANPUR, PS- LAKHISARAI, DISTLAKHISARAI 2.
SATISH MANDAL @ SATISH RAM @ SATISH KUMAR SON OF AZAD RAM RESIDENT OF VILLAGE- GARHI BISHANPUR, PSLAKHISARAI, DIST- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 342, 323, 307, 325, 504, 506, 34 of the Indian Penal Code.
3. Allegedly, due to previous enmity, all the accused persons surrounded the informant near the house of petitioner no.2 and started abusing him. On protest, petitioner no.2 and co-accused Mantu Ram assaulted him with iron rod on his head due to which his head got injured and blood started
Patna High Court CR. MISC. No.78363 of 2023(2) dt.11-12-2023 2/3 oozing out and his palm got fractured.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. The real fact has been suppressed and distorted by the informant to the extent that on 18.07.2023 and 19.07.2023, the informant's side committed offences and inflicted serious injuries on the head and other body parts of petitioner no.2. There is case and counter case between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as both sides have sustained injuries, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two
Patna High Court CR. MISC. No.78363 of 2023(2) dt.11-12-2023 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Suryagarha P.S. Case No. 255 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T