Kedar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3312 of 2022 Arising Out of PS. Case No.-60 Year-2020 Thana- CHANDAN District- Banka ====================================================== 1.

Kedar Mandal Son of Late Raghunath Mandal Resident of Village- Pindra, Police Station- Chandan (Anandpur), District- Banka. 2.

Satish Mandal Son of Suresh Mandal Resident of Village- Pindra, Police Station- Chandan (Anandpur), District- Banka. 3.

Thoman Mandal @ Jai Prakash Mandal Son of Awdhesh Mandal Resident of Village- Pindra, Police Station- Chandan (Anandpur), District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Chandan (Anandpur) P.S. Case No. 60 of 2020, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that on the alleged date and time of occurrence while the informant was putting roof on the cattle shed, all the FIR named accused persons came and started abusing him. Co-accused Jivlal Mandal poured kerosene oil on the roof of cattle shed of Suresh Mandal and set on fire.

Patna High Court CR. MISC. No.3312 of 2022(2) dt.26-07-2022 2/3 All the accused persons started assaulting the informant with tangi causing injury on his head and co-accused Jivlal Mandal assaulted the informant, as a result of which small finger of his left hand got fractured.

It is submitted that there is case and counter case. Present case is counter version of Chandan (Anandpur) PS Case No. 61 of 2020 which was lodged by co-accused Vakil Mandal against informant and ten others. Specific allegation of setting on fire the cattle shed and assault upon the informant is against co-accused Jivlal Mandal. So far as petitioners are concerned, there is general and omnibus allegation and they have been falsely implicated in this case due to mala fide intention. Petitioners claim clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Clas, Banka in connection with Chandan (Anandpur) P.S. Case No. 60 of 2020, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.3312 of 2022(2) dt.26-07-2022 3/3 the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T