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Patna High CourtCR. APP (SJ)/1033/2019allowed

Babloo Mandal @ Ranjan Kr. Ranjan v. The State Of Bihar

2019-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1033 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- AMARPUR District- Banka * ====================================================== 1.

BABLOO MANDAL @ RANJAN KR. RANJAN Son of Umesh Mandal, Resident of village-Pansalla, Police Station-Amarpur, District-Banka. 2.

Ranjit Mandal, Son of Umesh Mandal Resident of village-Pansalla, Police Station-Amarpur, District-Banka.

3.

Bijay Mandal @ Bijay Kr. Mandal, Son of Kabir Mandal Resident of village-Pansalla, Police Station-Amarpur, District-Banka. 4.

Umesh Mandal S/o Digan Mandal, Resident of village-Pansalla, Police Station-Amarpur, District-Banka.

... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Mukherjee For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-03-2019 The appellants seek pre arrest bail in connection with Amarpur P.S. Case No. 391 of 2018, registered for offences punishable under Sections 147, 341, 323, 354(B), 427, 504, 506/34 of the Indian Penal Code and Section 3 (i)(W) of SC/ST Act. Allegation against the appellants is that they threatened the informant on the point of pistol and also assaulted and abused and snatched away golden chain.

It has been submitted on behalf of the appellants that F.I.R. itself shows that there is land dispute between the parties and a proceeding under Section 107 Cr.P.C. was also initiated and

Patna High Court CR. APP (SJ) No.1033 of 2019 dt.28-03-2019 2/2 due to which the present false case has been lodged. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1, Banka, in connection with Amarpur P.S. Case No. 391 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date