Pintu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35009 of 2021 Arising Out of PS. Case No.-387 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== 1.

PINTU MANDAL S/o Girdhari Mandal Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

2.

RINTU MANDAL S/o Girdhari Mandal Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

3.

BAIJU @ RANJAN SINGH S/o Late Lagina Singh Resident of VillageAguwani, P.S.- Parbatta, District- Khagaria. 4.

RAUSHAN SINGH S/o Chamaklal Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

5.

SANTOSH SINGH S/o Chamaklal Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

6.

CHAMKU SINGH @ CHAMAK LAL SINGH S/o Bouku Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria. 7.

ROKKI SINGH S/o Manikant Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

8.

UJALA SINGH @ UJJAWAL SINGH S/o Ranjit Singh Resident of VillageAguwani, P.S.- Parbatta, District- Khagaria. 9.

AJAY SINGH S/o Malo Singh @ Laxmikant Singh Resident of VillageAguwani, P.S.- Parbatta, District- Khagaria. 10.

SHARVAN SINGH Son of Chandramani Singh Resident of VillageAguwani, P.S.- Parbatta, District- Khagaria. 11.

GULSHAN SINGH S/o Niwash Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

12.

KISAN SINGH S/o Chhatish Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

13.

ANKIT SINGH S/o Pankaj Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria.

14.

PINKU SINGH @ AMAR KUMAR SINGH S/o Subhash Singh Resident of Village- Aguwani, P.S.- Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

2/4 ORAL ORDER 02-02-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through Video Conferencing.

At the very outset, the learned counsel for the petitioner seeks permission to withdraw this bail application, as against petitioner Nos. 3, 4, 5, 7, 8, 9, 10, 11, 13, 14. Permission is granted.

Accordingly, this bail application is dismissed as withdrawn, as against petitioner Nos. 3, 4, 5, 7, 8, 9, 10, 11, 13, 14.

So far as this anticipatory bail application as against petitioner Nos. 1, 2, 6 and 12 are concerned, it arises out of Parbatta Police Station Case No. 387 of 2020, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 379, 386, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation, petitioner No.1 demanded Rs. 5 lakhs as Rangdari from the husband of the informant and the husband of the informant, Rajesh Chaudhary, was also threatened by the FIR named accused persons that he will not be allowed for fishing unless the ransom is paid. All the accused persons badly assaulted him and there is specific allegations

3/4 against petitioner No.1 that he assaulted on the head of the husband of the informant with iron rod and made him badly injured.

The learned counsel for the petitioners has submitted that there is case and counter case bearing Parbatta P.S. Case No.381 of 2020 has been lodged by the petitioner's side and both the parties are co-villagers.

There is specific allegation against the petitioner No.1 that he inflicted rod blow on the head of Rajesh Choudhary, the husband of the informant and the injuries have been found grievous in nature.

So far as petitioner No.2 is concerned, he has two criminal antecedents of murder, first Parwata P.S. Case No.359 of 2017 under Section 302 of the IPC and second is Parwata P.S. Case No.267 of 2014 under Section 302 of the IPC. Learned Addl. P.P. has opposed and the prayer for bail.

Considering these facts, the prayer for anticipatory bail of petitioner No.1 and 2 is hereby rejected. So far as prayer for anticipatory bail of petitioner Nos.6 and 12 are concerned, let the petitioner Nos. 6 and 12, named above, in the event of their arrest or surrender before the

4/4 Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Khagaria, in connection with Parbatta Police Station Case No. 387 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Nawneet Kumar Pandey , J) sanjeev/- U T