Single Judge of Patna High Court granted anticipatory bail to three petitioners facing arrest in a criminal case involving attempted murder and discharge of firearms, invoking Section 438 CrPC.
Petitioners granted anticipatory bail to surrender within four weeks and furnish bail bond of Rs. 10,000 each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23589 of 2019
Arising Out of PS. Case No.-170 Year-2018 Thana- BARIYARPUR District- Munger
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Priyajeet Pandey, Advocate. Mr.Anurag Saurav For the Opposite Party/s : Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 02-08-2019
The petitioners apprehend their arrest in connection with Bariarpur P. S. Case No. 170 of 2018 registered under Sections 307,323,341 and 504/34 of the Indian Penal Code and 27 of the Arms Act.
Allegation against the petitioners, as per FIR, is that petitioner no. 1 gave order to his son Pinka Mandal @ Pankaj to fire upon the informant upon which he fired upon him but bullet did not hit the informant. It has further been alleged that Shambhu Mandal fired upon Bittu Kumar, but did not hit him also.
Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.23589 of 2019(4) dt.02-08-2019 2/3
submits that petitioners are innocent and they have been implicated in this case due to political rivalry. He further submits that petitioners have been implicated on the basis of concocted story inasmuch as prior to the present FIR, son of petitioner no. 1 had filed an informatory petition before the Chief Judicial Magistrate, Munger stating therein that informant and others would try to implicate the petitioners in a false case lodged by them. Learned counsel further submits that firing allegedly made by Pankaj and Shambhu Mandal did not hit anybody.
After having heard learned counsel for the parties and taking into consideration the fact that Pinka @ Pankaj is not petitioner here and Raj Kumar Mandal, petitioner no. 1, is an order giver and firing allegedly made by Shambhu Mandal which did not hit anybody, as such I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Munger in connection with Bariyarpur P.S.Case No. 170
Patna High Court CR. MISC. No.23589 of 2019(4) dt.02-08-2019 3/3
of 2018; subject to condition as laid down under Section 438(2)
of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
sujit/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in an FIR alleging attempted murder and other offences including use of arms.
Whether the petitioners enjoy immunity from arrest given the nature of allegations involving firing that did not result in injury.
Whether the allegation of political rivalry and false implication disentitling the petitioners from anticipatory bail.
3 provisions across 3 enactments
Raj Kumar Mandal and others
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
