Arun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1740 of 2023 Arising Out of PS. Case No.-271 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1.

ARUN MANDAL Son of Prakash Mandal Permanent Resident of Vaddara Palaya Jigani (Karnataka) at Present Resident of Village- Nasopur, P.S.- Sultanganj, District- Bhagalpur.

2.

Dilip Mandal @ Dilip Kumar Son of Prakash Mandal Permanent Resident of Vaddara Palaya Jigani (Karnataka) at Present Resident of Village- Nasopur, P.S.- Sultanganj, District- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2023 Heard both sides.

Petitioners apprehend their arrest in connection with Sultanganj P.S. Case No.271 of 2021, registered for the offences punishable under Sections 448, 341, 323, 354, 308, 504, 506 and 34 of the Indian Penal Code.

The petitioners are said to have abused and assaulted the informant by means of lathi.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the instant case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petitions. It is further submitted that there is general and omnibus allegation

Patna High Court CR. MISC. No.1740 of 2023(2) dt.08-02-2023 2/2 against the petitioners. The specific allegation of assault is against co-accused, Pappu Mandal who assaulted the informant and injury sustained by the informant is grievous in nature. It is further submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by this Court vide order dated 15.12.2022, passed in Cr. Misc. No.53843 of 2022. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

Considering the fact that similarly situated other coaccused persons have been enlarged on anticipatory bail by this Court and no specific allegation is made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist, Bhagalpur in connection with Sultanganj P.S. Case No.271 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T