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Patna High CourtCR. MISC./86374/2019bail granted

Ramjee Mandal @ Ramji Mandal v. The State Of Bihar

2020-02-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86374 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== Ramjee Mandal @ Ramji Mandal, Son of Rajendra Mandal Resident of Village - Barharwa, P.S.- Suppi, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Majorganj P.S. Case No.72 of 2019, registered for the offence punishable under Sections 447, 341, 323, 308, 506 of the Indian Penal Code.

The allegation against the petitioner is that on trivial issue of not giving the cigarette to the petitioner, he assaulted the informant by means of iron rod and also destroyed the shop of the informant.

Mr. Uday Kumar, learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case due to enmity between the parties. Learned counsel further submits that petitioner is close door neighbour and covillager of the informant and there is land dispute between them.

Patna High Court CR. MISC. No.86374 of 2019(2) dt.28-02-2020 2/2 Learned counsel referring to Annexure-2 submits that all injuries caused to the informant are simple in nature caused by sharp cutting weapon whereas allegation in the first information report is of assault upon the informant by means of iron rod, i.e., hard and blunt substance.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties are covillagers and neighbours and there is land dispute between them and the injuries caused to the informant have been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Majorganj P.S. Case No.72 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T