Munilal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73016 of 2019 Arising Out of PS. Case No.-359 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

Munilal Mandal, aged about 48 years (Male) Son of Late Mangal Mandal 2.

Ratan Mandal @ Ratan Kumar, aged about 25 years (Male), Son of Munilal Mandal Both resident of Village - Themai, P.S.- Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-11-2019 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State.

Two petitioners, apprehending their arrest in Parbatta P.S. Case No. 359 of 2019 registered for offence under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

In the F.I.R., the informant has made allegation against petitioners and others of causing injury to him. The informant alleged that one Pawan Kumar Mandal gave rod blow on his head and other co-accused Sanjay Mandal gave three nut blow on his belly as well as petitioners and others gave lathi blow on him causing serious injury.

Learned counsel for the petitioners submits that so far as petitioners are concerned, there is general and omnibus

Patna High Court CR. MISC. No.73016 of 2019(2) dt.20-11-2019 2/3 allegation. The doctor has found the injury sustained by the informant to be simple in nature caused by hard and blunt substance. He further submits that petitioners have got no criminal antecedent and only due to village politics, they were made accused.

Considering the fact that there is general and omnibus allegation and injury found to be simple in nature, the prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender within a period of six weeks from today, let both petitioners namely Munilal Mandal and Ratan Mandal @ Ratan Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Khagaria in connection with Parbatta P.S. Case No. 359 of 2019 on the following conditions:

(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners temper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.73016 of 2019(2) dt.20-11-2019 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J.) anay U T