Kabir Kumar @ Kabir Kumar Mandal v. The State of Bihar
CR. MISC./22392/2025 · 2025-05-15
Satyavrat Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32864 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32864 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22392 of 2025 Arising Out of PS. Case No.-78 Year-2023 Thana- BANDHUWA KURAWA District- Banka ======================================================
1. Kabir Kumar @ Kabir Kumar Mandal Son of Ram Charan Mandal Resident of Village - Madhopur, P.S. - Bandhua Kurawa, District - Banka
2. Siyaram @ Siyaram Mandal Son of Ram Charan Mandal Resident of Village - Madhopur, P.S. - Bandhua Kurawa, District - Banka
3. Baleshwar Mandal @ Baleshar Mandal Son of Muniya Mandal Resident of Village - Madhopur, P.S. - Bandhua Kurawa, District - Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Ms. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 15-05-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 26.08.2023 while he was ploughing his paddy field, all the accused persons including the petitioners came and assaulted him by lathi, bhala, gandasa, sword and spade etc. 4. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assaulting the informant with gandasa is
Patna High Court CR. MISC. No.22392 of 2025(3) dt.15-05-2025 2/2 against Siyaram Mandal and as far as petitioners no. 1 and 3 are concerned, the allegation of assault against them is general and omnibus in nature. It is next submitted that the injury suffered by the informant is simple in nature and the blow is not alleged to be repeated. It is also submitted that petitioners are not the criminal and on account of dispute relating to land, the occurrence is alleged to have taken place in which both sides assaulted each other. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6.
Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bandhua Kurawa P.S. Case No. 78 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Kundan/- (Satyavrat Verma, J) U T