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Patna High CourtCR. MISC./26852/2021allowed

Upendra Mandal v. The State Of Bihar

2022-02-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26852 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- KURSAILA District- Katihar ====================================================== 1.

UPENDRA MANDAL Son of Late Ram Bihari Mandal Resident of VillageBhadaiya Tola, P.S.- Kurshela, District- Katihar. 2.

Akhilesh Mandal @ Akhlesh Mandal Son of Late Nepali Mandal Resident of Village- Bhadaiya Tola, P.S.- Kurshela, District- Katihar. 3.

Darogi Mandal Son of Late Kripali Mandal Resident of Village- Bhadaiya Tola, P.S.- Kurshela, District- Katihar.

4.

Jay Kant Mandal Son of Fulchand Mandal Resident of Village- Bhadaiya Tola, P.S.- Kurshela, District- Katihar.

5.

Ranjan Mandal @ Sajan Mandal Son of Late Pulice Mandal Resident of Village- Bhadaiya Tola, P.S.- Kurshela, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh For the Opposite Party/s :

Mr. Parmeshwasr Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-02-2022 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no. 3, since during the pendency of this application he has been arrested. Permission is accorded.

Accordingly, the application of petitioner no. 3 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1, 2, 4 and 5 and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with

Patna High Court CR. MISC. No.26852 of 2021(2) dt.22-02-2022 2/2 Kursela P.S. Case No. 61 of 2020 registered under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. There is case and counter case between the parties. Further he submits that both the parties have sustained injuries in the alleged occurrence. Having considered the facts and circumstances of the case, let the above named petitioner nos. 1, 2, 4 and 5 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Katihar in connection with Kursela P.S. Case No. 61 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T