Pradeep Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31944 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- DARBHANGA District- Darbhanga ======================================================

1. Pradeep Mandal S/o Late Ram Lakhan Mandal

2. Chandan Mandal @ Chandan Kumar Mandal S/o Late Ram Lakhan Mandal

3. Guddu Kumar @ Guddu Kumar Mandal S/o Prahlad Mandal All residents of vill/Mohalla - Bhagwan Das Mishkar Tola, P.S. Town, Distt - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2018 Heard the learned counsel for the petitioners, the informant and the State.

The petitioners seek bail in anticipation of their arrest in connection with Darbhanga Town P.S. Case No. 24 of 2018 dated 12.02.2018 instituted for the offences under Sections 452, 341, 323, 504, 506, 427 354, 384, 379 and 34 of the Indian Penal Code.

It has been alleged that while a Panchayati was going on in the village, the petitioners and others came and assaulted the Sarpanch and others. It has further been alleged that the miscreants including the petitioners entered the house of the informant and ransacked the articles. Additionally, it has also been alleged that the

Patna High Court Cr.Misc. No.31944 of 2018(3) dt.29-06-2018 2/3 accused person demanded Rs. 3 lakhs as Rangdari. Learned counsel for the petitioners has submitted that an absolutely false case has been instituted by the informant against the petitioners who are non-else but the neighbours of the petitioners. There is an old land dispute and at the instance of the informant, Section 144 Cr.P.C. proceeding also has been initiated with respect to the land under dispute. A case also has been lodged by the family members of the petitioners against the informant of the present case. The reason for false implication of petitioners is that the informant and his associates are desirous of ousting the family of the petitioners from the land which is in their possession.

The petitioners do not have any criminal antecedents.

Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga

Patna High Court Cr.Misc. No.31944 of 2018(3) dt.29-06-2018 3/3 Town P.S. Case No. 24 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T