Ajay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7375 of 2023 Arising Out of PS. Case No.-330 Year-2021 Thana- BANKA District- Banka ====================================================== AJAY KUMAR MANDAL S/o Ramchandra Mandal Resident Of VillageBelatikar, P.O.- Maheshadih, P.S.- Banka District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Banka PS case no. 330 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

The accused persons including the petitioner herein are stated to have assaulted the informant, resulting in her sustaining injuries.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that on account

Patna High Court CR. MISC. No.7375 of 2023(2) dt.18-05-2023 2/3 of petty disputes, some altercation had taken place in between the parties, however, the petitioner has not been specifically alleged to have assaulted the informant and the injury sustained by the informant has been found to be simple in nature by the doctor.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioner and moreover, it is the categorical averment of the learned counsel for the petitioner that the injury sustained by the informant has been found to be simple in nature, though I deem it fit and appropriate to direct for release of the petitioner on bail, however, subject to verification of the injury report by the learned court of Chief Judicial Magistrate, Banka in connection with Banka PS case no. 330 of 2021 and further subject to such other conditions as may be deemed fit and proper to be imposed by the learned trial court for the purposes of grant of anticipatory bail.

Patna High Court CR. MISC. No.7375 of 2023(2) dt.18-05-2023 3/3 The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T