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Patna High CourtCR. MISC./11792/2023allowed

Suresh Mandal v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11792 of 2023 Arising Out of PS. Case No.-370 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Suresh Mandal Son Of Late Tilakdhari Mandal R/V- Tarwa, P.S.- Pirpainti, District- Bhagalpur 2.

Sundaram Kumar Son Of Suresh Mandal R/V- Tarwa, P.S.- Pirpainti, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Pirpainti P.S. Case No. 370 of 2022 registered under sections 341, 323, 324, 325, 307, 504, 506 and 147 of the Indian Penal Code.

Allegation against the petitioners is that they assaulted by means of iron rod on the members of informant's side due to which they sustained injuries and the reason for this occurrence is land dispute in respect of drainage system between both the parties.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They

Patna High Court CR. MISC. No.11792 of 2023(2) dt.24-04-2023 2/2 have falsely been implicated in this case due to dispute in respect of drainage system. Both parties are next door neighbours. It is further submitted that there is case and counter case between both the parties and both parties have sustained injuries as alleged in separate occurrence. It is also submitted from para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 14.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Pirpainti P.S. Case No. 370 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur. (Sunil Kumar Panwar, J) shubham/- U T