Suresh Mandal And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30698 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -CHAUSA District- MADHEPURA ======================================================
1. Suresh Mandal Late Bhuskari Mandal
2. Lukho Mandal Son of Suresh Mandal Both are resident of village - Khalifa Tola, Bhatgama, P.S. Chausa, Distt. - Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2015 Heard both sides.
The petitioners seek bail in a case under Section 302 and other sections of the Indian Penal Code.
The informant, Masudan Mandal, alleged that when the accused Suresh Mandal, Sumar Mandal and Lukho Mandal were constructing house on his land the informant and his father went there to forbid them. All the accused persons, six in numbers, assaulted the informant and his father. It is submitted that there is counter version bearing Chausa P.S. case No. 169/ 2014. On account of land dispute the occurrence took place and six persons are alleged to have assaulted the informant and his father, Dhiren Mandal. The
Patna High Court Cr.Misc. No.30698 of 2015 (2) dt.13-08-2015 2/2 informant did not receive any injury. Dhiren Mandal got one sharp cutting wound on occipital region of skull and another injury is sharp cutting wound on upper right thigh. On account of injury found on the head, Dhiren Mandal died. Six persons are alleged to have assaulted Dhiren Mandal including the petitioners. The petitioners are in jail since 14.12.2014.
Considering the facts aforesaid and the fact that the petitioners have remained in jail for eight months, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in Chausa P.S. Case No. 168 of 2014. (Prabhat Kumar Jha, J) BKS/- U T