Kailash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5520 of 2023 Arising Out of PS. Case No.-142 Year-2018 Thana- RAGHOPUR District- Supaul ====================================================== 1.

KAILASH MANDAL Son of Ramesh Ray Resident of Village - Gelhiya, Police Station - Pipra, District - Supaul.

2.

Laltu Mandal @ Rabindra Kumar Son of Upendra Mandal Resident of Village - Durgapur, Police Station - Raghopur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 504, 506, 307, 354(B), 147, 379/34 of the IPC.

As per the prosecution case, the F.I.R. named accused persons came including the petitioners armed variously made house in the land of the informant and when his son-in-law objected, then they indiscriminately assaulted him and the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to land

Patna High Court CR. MISC. No.5520 of 2023(2) dt.07-04-2023 2/2 dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Raghopur P.S. Case No.142 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T