Navin Mandal @ Navin Kumar Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25605 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Navin Mandal @ Navin Kumar Mandal,

2. Dinkar Mandal, Both are Son of Khajesh Mandal,

3. Umesh Mandal, Son of Kailash Mandal, All are R/o Village- Gosaigon , P.S.- Gopalpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anupa Nand Jha For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.

This application, for grant of anticipatory bail, arises out of Gopalpur Police Station Case No. 54 of 2017, disclosing offences under Sections 341, 307, 504 and 506 of the Indian Penal Code.

It is evident from the First Information Report that there is land dispute between the persons named in the First Information Report and the informant. The allegation against the petitioners is that they were objecting to harvesting of crop from the field, in question, and they have opened fire in air.

It is submitted on behalf of the petitioners that there is no injury of any persons caused by fire arm.

Patna High Court Cr.Misc. No.25605 of 2017 (2) dt.10-07-2017 2/2 According to him, no offence, under Section 307 of the Indian Penal Code, is made out.

Considering the above submission and the facts and circumstances of the case, this application is allowed. Let the petitioners, namely, Navin Mandal @ Navin Kumar Mandal, Dinkar Mandal and Umesh Mandal, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachai, Bhagalpur, in connection with Gopalpur Police Station Case No. 54 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √