Patna High CourtCR. MISC./80095/2023partly allowed disposal

Gauri Mandal v. The State Of Bihar

2023-12-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80095 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- AMDABAD District- Katihar ====================================================== 1.

Gauri Mandal S/O Late Raju Mandal R/O- Chama, Ps. Amdabad, Distt. Katihar 2.

Badyanath Mandal S/O Late Raju Mandal Chama R/O- Chama, Ps. Amdabad, Distt. Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 354, 379/34 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act.

3. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application. The allegation against petitioner no. 1 is that he assaulted the informant on the head with the iron rod with intention to kill due to which he got injured. They also

Patna High Court CR. MISC. No.80095 of 2023(2) dt.15-12-2023 2/2 assaulted the family members of the informant. There is no specific overt act against the petitioner no. 2 rather there is general and omnibus allegation against the petitioner no. 2.

4. Considering the nature of allegation levelled against the petitioner no. 1 and injury is found to be grievous in nature, I am not inclined to grant anticipatory bail to the petitioner no. 1.

5. Hence, the prayer for anticipatory bail of the petitioner no. 1 is hereby rejected.

6. Having regard to the facts and circumstances of the case and also there is general and omnibus allegation against the petitioner no. 2, let the above named petitioner no. 2, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Amdabad P.S. Case No. 148 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T