Birendra Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44103 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -KAUAKOL District- NAWADA ======================================================

1. Birendra Mandal

2. Vijay Mandal Both sons of Bishundeo Mandal Resident of village - Rustampur, P.S. Kawakole, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-10-2015 Heard the Counsel for the petitioners and the APP for the State.

Petitioners seek anticipatory bail in connection with Kawakole P.S. Case No. 49 of 2014 registered under Sections 147, 148, 149, 379, 302/34 of the Indian Penal Code for having committed murder of the mother and brother of the informant. The petitioners along with 07 others named in the First Information Report. Counsel for the petitioners submits that there is established animosity between the petitioners and the informant. Petitioners are not directly involved in any land dispute with the informant of the case. None of the witnesses examined by the prosecution in course of investigation has supported the prosecution case. Having said so, the Counsel for the petitioners,

Patna High Court Cr.Misc. No.44103 of 2015 (2) dt.15-10-2015 2/2 after some arguments, seeks permission of the Court to withdraw the application enabling them to surrender and seek regular bail. Permission is accorded.

The application is permitted to be withdrawn. Let the petitioners surrender and seek regular bail. In case they do so, the Trial Court shall consider and dispose of their application on its own merit in accordance with law. (Kishore Kumar Mandal, J) Pankaj/- U T