Siya Ram Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21069 of 2025 Arising Out of PS. Case No.-413 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.
Siya Ram Mandal S/o- Late Bal Deo Mandal Resident of village- Dadpur PS- Kharik District-Bhagalpur 2.
Rupesh Kumar @ Rupesh Kumar Mandal S/o- Siya Ram Mandal Resident of village- Dadpur PS- Kharik District-Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-04-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Naugachia Police Station Case No. 413 of 2024, disclosing offences under Sections 126(2), 127(7), 119(1), 308(5), 303(2), 352, 351(2), and 3(5) of the Bhartiya Nyay Sanhita
3. As per the prosecution case, on 07.12.2024 in the morning the petitioner no. 2, who is the nephew of the informant, arrived at the shop of the informant on Scorpio vehicle along with five other unknown persons, armed with weapons, kidnapped the informant and took him to Kadwa Pratap Nagar Mill on gun point and forced the informant to sign
Patna High Court CR. MISC. No.21069 of 2025(2) dt.23-04-2025 2/3 on the blank paper. It has further been alleged that the accused persons snatched Rs. 26,000/- from the informant.
4. Learned Counsel for the petitioners submit that the petitioners have falsely been implicated in the present case due to dispute regarding money and land between the parties. The petitioner no. 1 is own younger brother of the informant and petitioner no. 2 is nephew. The partition between the families has already taken place which would be evident from Annexure 3 but the informant is alleging that petitioner no. 1 has wrongly got possession of the prime land having higher value. The petitioner no. 2 had given sum of Rs. 2,00,000/- to the informant as a loan and was demanding his money back for which money suit has also been lodged against the informant and plaint of which has been annexed at Annexure 2.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related having dispute regarding money and land, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.21069 of 2025(2) dt.23-04-2025 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IstNaugachia, District- Bhagalpur, in connection with Naugachia Police Station Case No. 413 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) Raj Ranjan/- U T