Prakash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86007 of 2023 Arising Out of PS. Case No.-301 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== 1.
Prakash Mandal S/O Late Tanuki Mandal R/O Village- Nayagaun Goriyashi, P.S- Parbata, Distt.- Khagaria.
2.
Vishal Kumar S/O Prakash Mandal R/O Village- Nayagaun Goriyashi, P.SParbata, Distt.- Khagaria. 3.
Pintush Kumar @ Jhutkul @ Jhutkul S/O Prakash Mandal R/O VillageNayagaun Goriyashi, P.S- Parbata, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Parbatta P.S. Case No. 301 of 2023 dated 02.07.2023, instituted for the offence punishable under Sections 341, 323, 307, 504, 379, 506/34 of the Indian Penal Code.
3. The allegation against the petitioners is that they assaulted the informant by lathi and iron rod due to which he received injury on his head.
Patna High Court CR. MISC. No.86007 of 2023(2) dt.18-01-2024 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the present case is counter blast to Parbatta P.S. Case No. 300/2023 which has been filed by the accused persons against the informant and others vide Parbatta P.S. Case No. 300/2023 dated 02.07.2023 under Sections 341, 323, 307, 504, 379, 506/34 of the I.P.C. It is further submitted that there is general and omnibus allegation against all the accused persons including petitioners. Learned counsel further submitted that there is no injury on record as per the impugned order dated 13.09.2023. Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Parbatta P.S. Case No. 301 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria, subject to condition as laid down
Patna High Court CR. MISC. No.86007 of 2023(2) dt.18-01-2024 3/3 under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T