Mukesh Kumar Mandal @ Mukesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.506 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- SC/ST District- Darbhanga ====================================================== Mukesh Kumar Mandal @ Mukesh Mandal, Son of Sachchidanand Mandal Resident of Village-Hariharpur Tole Chamanpur, P.S.- Kamtaul, DistrictDarbhanga. ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ramashankar Singh For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 13-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 02.01.2019 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, SC/ST(POA) Act, Darbhanga in ABP No. 1898 of 2018 arising out of Darbhanga SC/ST P.S.Case No. 41 of 2018 registered under Sections 147,148, 323, 324,325, 341, 354, 379, 504 and 506 of the Indian penal Code and Sections 3(i) (r)/3(1)(s)/3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellant is of forcibly trying to dispossess the informant from the land and also abusing him by caste name and further allegation is of assaulting him by rod and
Patna High Court CR. APP (SJ) No.506 of 2019 dt.13-02-2019 2/2 iron chain causing injury to him.
Submission of learned counsel for the appellant is that there is land dispute between the parties which appears from the FIR itself and all allegations are ornamental and appellant is a teacher.
Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to appellant rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order, if possible, on the same day. Accordingly, the appeal stands disposed of.
(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date