Mohan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6961 of 2023 Arising Out of PS. Case No.-33 Year-2021 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== 1.

MOHAN MANDAL Son of Late Rameshwar Mandal Resident of VillageGopalpur, P.S.- Udakishunganj, District- Madhepura 2.

YASHWANT KUMAR Son of Ghanshyam Patel Resident of VillageGopalpur, P.S.- Udakishunganj, District- Madhepura 3.

BIPIN KUMAR PATEL @ BIPIN PATEL Son of Ram Patel Resident of Village- Gopalpur, P.S.- Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/34/120B of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, due to previous land dispute, all the FIR named accused persons including the petitioners took away bhabhi of the informant and later on they shot her dead.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.6961 of 2023(2) dt.11-05-2023 2/2 implicated in this case on suspicion because of pending land dispute. Informant is not eye witness of the occurrence. No direct or indirect evidence has come against the petitioners during course of investigation to show their complicity in the occurrence. Petitioners claim clean antecedent. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, 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 Additional Chief Judicial Magistrate I Udakishunganj, Madehpura in Udakishunganj Police Station Case No. 33 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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