Ram Pukar Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2386 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Ram Pukar Mandal, son of Yogendra Mandal,

2. Bipin Mandal, son of Yogendra Mandal,

3. Dhiraj Mandal, son of Yogendra Mandal,

4. Yogendra Mandal, son of Late Saryug Mandal, All residents of VillageBahadurpur, P.S.- Gogari, District- Khagaria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Gogari P.S. Case no. 164 of 2016, registered under Sections 341, 323, 325, 504 and 308/34 of the Indian Penal Code. The accusation is that on 17.10.2016 Arbind Mandal, nephew of the informant was cutting the grass in the filed allotted in the share of the informant then petitioners reached there and started to abuse to nephew of the informant and also forbade to cut the grass. At that time, petitioner No.2 caused injury at head of Rakesh Kumar through lathi, whereas Sudhakar Kumar, Uttam Mandal and Deo Narayan Mandal also sustained injury.

Learned counsel for the petitioners submits that, in fact,

Patna High Court Cr.Misc. No.2386 of 2017 (2) dt.10-02-2017 2/2 the occurrence of Marpit took place due to land dispute in which petitioner Nos. 1 and 2 also sustained injury and on the basis of the written report of petitioner No.1 Ram Pukar, Gogari P.S. Case no. 165 of 2016, registered under Sections 341, 323, 308/34 of the Indian Penal Code was instituted. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria in connection with Gogari P.S. Case No. 164 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T