Jagdeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20750 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -ANDHRAMATH District- MADHUBANI ====================================================== Jagdeo Mandal S/o Late Dukhi Mandal, R/o Village- Mahadeo Math, Belhi, P.S.- Andhramath, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 323, 324, 325 and 341/34 of the Indian Penal Code. The prosecution case as per the written report of Ramesh Jha dated 01.09.2017 submitted to the Station House Officer, Andhramath P.S., to the effect that 29.08.2017 at 12.00 Noon one person got grazed the paddy crop of the informant through his animal and on protest being made, the said person escaped from the scene. Thereafter, the son of the informant was bathing his buffalo, when Jagdeo Mandal, the petitioner, Ram Mandal and Laxman Mandal, son of the petitioner came

Patna High Court Cr.Misc. No.20750 of 2018 (2) dt.20-04-2018 variously armed and the petitioner ordered to assault the informnat, thereafter, the petitioner assaulted on the head of the informant with Farsa and when the son of the informant came to rescue him, he was also assaulted by lathi.

It is submitted by learned counsel for the petitioner that in the background of petty dispute with regard to grazing of the paddy, the accusation has been levelled. The impugned order does not suggest that any injury has been found to be grievous. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, however, submits that the accusation is specific against the petitioner. Considering the fact that the impugned order does not suggest that any injury has been found grievous and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd, Jhanjharpur, District -Madhubani in connection with Andhramath

Patna High Court Cr.Misc. No.20750 of 2018 (2) dt.20-04-2018 P.S. Case No. 79 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T