Patna High Court - Orders
Fulchand Mandal @ Fulchan Mandal vs The State Of Bihar on 3 September, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43117 of 2019
Arising Out of PS. Case No.-205 Year-2017 Thana- RAJAON District- Banka
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1. FULCHAND MANDAL @ FULCHAN MANDAL S/o Narayan Mandal
Resident of Korali Bhagwanpur, P.S.- Rajaoun, District- Banka.
2. Chhotu Mandal S/o Narayan Mandal Resident of Korali Bhagwanpur, P.S.-
Rajaoun, District- Banka.
... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nirbhay Kumar Singh
For the Opposite Party/s : Mr. Satyendra Narayan Singh
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
3 03-09-2019Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Rajaoun P.S. Case no.205 of 2017 (G.R. No.1445 of 2017) registered under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.
Over row of thrashing the dog of the informant by co-accused Sonu Mandal, seven named accused persons including the petitioners assaulted the father, elder uncle and brother of the informant by means of khanti and sabal, resultantly his father succumbed to injury on the way to hospital.
Patna High Court CR. MISC. No.43117 of 2019(3) dt.03-09-2019 2/3 Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The elder uncle and brother of the informant sustained simple injury. So far as the injury of the deceased is concerned, the doctor has found only one lacerated wound and one abrasion on the head of the deceased caused by hard, hury and blunt substance and not by the sharp edged weapon. Assailant of the said injury is also not ascertained. Petitioners have no criminal antecedent. Similarly situated co-accused Narayan Mandal and another have been enlarged on bail by a coordinate Bench of this Court vide order dated 22.01.2019 passed in Cr. Misc. No.2823 of 2019.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of Patna High Court CR. MISC. No.43117 of 2019(3) dt.03-09-2019 3/3 the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Rajaoun P.S. Case No.205 of 2017 (G.R. No.1445/2017), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) Trivedi/-
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