Binod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11299 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- PARBATTA District- Bhagalpur ====================================================== 1.

Binod Mandal Son of Late Jagdish Mandal Resident of Village-Parbatta, Police Station-Ismailpur, District-Bhagalpur. 2.

Jai Mala Devi Wife of Binod Mandal Resident of Village-Parbatta, Police Station-Ismailpur, District-Bhagalpur.

3.

Mantu Mandal Son of Late Jagdish Mandal Resident of Village-Parbatta, Police Station-Ismailpur, District-Bhagalpur. 4.

Kanchan Devi Wife of Mantu Mandal Resident of Village-Parbatta, Police Station-Ismailpur, District-Bhagalpur.

5.

Sudha Devi Wife of Subhash Mandal Resident of Village-Parbatta, Police Station-Ismailpur, District-Bhagalpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vikram Singh, Advocate For the Opposite Party :

Mr.Bharat Bhushan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2020 This matter is taken up for consideration through Video Conferencing.

Petition for anticipatory bail to petitioners no.1 and 3 is dismissed as withdrawn, as they have already been arrested during pendency of the bail petition.

Heard the parties in respect of petition for anticipatory bail to rest petitioners, i.e., petitioners no. 2, 4 and 5, who have been made accused in a case registered for the offence punishable under sections 420/34 and other allied sections of the Indian Penal Code.

It is alleged that the petitioners grabbed the complainant's land on the basis of forged sale deed/documents. They also hurled abuses on the complainant.

Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case. It is submitted that in fact the complainant has lodged the forged

Patna High Court CR. MISC. No.11299 of 2020(2) dt.22-06-2020 2/2 case against the petitioners only with a purpose to grab the land of the petitioners, who have purchased the land from son of khatiyani raiyat Sita Ram Bhagat through sale deed dated 15.6.2018, as such, no case under sections 467, 468, 420 of the Indian Penal Code is made out against the petitioners. Considering the facts of the case, let the petitioners no. 2, 4 and 5, above named, in the event of surrender before the Court below within six weeks from today, be released 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 the Additional Chief Judicial Magistrate III, Naugachiya (Bhagalpur) in Parbata Police Station Case No. 67/2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T