Balmukund Mandal @ Bal Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69864 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- ISMAILPUR District- Bhagalpur ====================================================== Balmukund Mandal @ Bal Kishore Kumar, S/O Girdhari Mandal, R/VChhoti Parbatta, P.S. Ismailpur, District-Bhagalpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar Singh, Advocate.

For the Opposite Party :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 504, 506, 307 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that on 11.08.2018 at about 10 hours, the informant was installing hut on the land of his brother Maheshwar Mandal. In the meantime, petitioner and other co-accused persons came there and started using abusive languages and obstructed to install the hut and in that course co-accused Subodh Mandal fired from his three nut upon his back and another firing crossed by the side of Kanpatti and he fell down on the ground. Co-accused Sukhi Mandal and Girdhari Mandal fired indiscriminately upon him and fled away

Patna High Court Cr.Misc. No.69864 of 2018(3) dt.18-12-2018 2/3 from there. Other accused also assaulted his family by Lathi and bricks. They also told him to face dire consequences if the case is lodged against them. After this occurrence, his family members brought him to Mayaganj Hospital for his treatment. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The main allegation is against co-accused Subodh Mandal who is alleged to have fired upon the informant causing grievous injury. No specific overt act is alleged against the petitioner nor any specific injury has been caused by him. Altogether eight persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.

Patna High Court Cr.Misc. No.69864 of 2018(3) dt.18-12-2018 3/3 Navgachia, Bhagalpur, in connection with Ismailpur P.S. Case No. 35 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T