Manoj Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3896 of 2023 Arising Out of PS. Case No.-61 Year-2020 Thana- KATIHAR COMPLAINT CASE DistrictKatihar ====================================================== 1.
MANOJ KUMAR MANDAL Son of Bhola Prasad Mandal R/v- Paharpur, P.S.- Dandkhora, District- Katihar 2.
RAMBHA DEVI Wife of Manoj Kumar Mandal R/v- Paharpur, P.S.- Dandkhora, District- Katihar 3.
SHRAVAN KUMAR MARANDI Son of Dukhai Marandi R/v- Pipra Baluganj, P.S.- Dandkhora, District- Katihar 4.
ASHOK KUMAR RAVI DAS @ ASHOK KUMAR RAVIDAS Son of Late Turai Ravi Das @ Turai Ravidas R/v- Baluganj, P.S.- Dandkhora, DistrictKatihar 5.
JAIRAM MANDAL @ JAIDRAM MANDAL Son of Late Govardhan Mandal R/v- Kochaili, P.S.- Dandkhora, District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
POOJA KUMARI D/o Late Sidhnath Dubey R/v- Paharpur, P.S.- Dandkhora, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar For the Opposite Party/s :
Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code pending in the learned court below.
Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.3896 of 2023(2) dt.06-04-2023 2/3 petitioners are innocent and have been falsely implicated in this case. He further submits that it is alleged that the said land belongs to the complainant and mother of the complainant has given her will in favour of the complainant and complainant has filed a probate case bearing Probate Case No. 02/2018 and during the pendency of this probate case co-accused Manju devi and Prabhat Kumar Dubey has sold the said land to the petitioner no.1 & 2. He submits that there is no specific overt act against the petitioners. He further submits that petitioner no.3, 4 & 5 are only attesting witnesses. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with C.A. Case
Patna High Court CR. MISC. No.3896 of 2023(2) dt.06-04-2023 3/3 No.61/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T