Balmiki Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64417 of 2018 ======================================================

1. Balmiki Mandal, S/o Jageshwar Mandal,

2. Mithlesh Mandal @ Mithlesh Kumar &

3. Rajeev Kumar @ Rajeev Mandal, Both sons of Balmiki Mandal All residents of Village-Maheshleta, P.S. Chanan, District-Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 441, 341, 323, 307, 325 and 504/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the background of a petty previous dispute, the accused persons came to the house of informant and started abusing. When the informant came out of the house, the accused persons are said to have assaulted the informant, as a result of which, he sustained injuries. It has been submitted on behalf of the petitioners that the petitioner Nos. 1 & 3 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the

Patna High Court Cr.Misc. No.64417 of 2018 (2) dt.12-10-2018 present case. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist Class, Lakhisarai in connection with Chanan P.S. Case No. 91 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T