Dharmendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34294 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- JHAJHA District- Jamui ====================================================== 1.

DHARMENDRA MANDAL Son of Makhan Mandal Resident of Village - Chhuchhnariya, P.S.- Jhajha, Distt.- Jamui.

2.

Pintu Mandal Son of Makhan Mandal Resident of Village - Chhuchhnariya, P.S.- Jhajha, Distt.- Jamui.

3.

Mantu Mandal Son of Makhan Mandal Resident of Village - Chhuchhnariya, P.S.- Jhajha, Distt.- Jamui.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Rudra Deo, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

Learned counsel for the petitioners is permitted to make necessary correction in paragraph 3 of the main application in course of the day.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code in which Section

Patna High Court CR. MISC. No.34294 of 2021(2) dt.29-03-2022 2/3 302 IPC was added later on.

The prosecution case, in short, is that the accused persons assaulted the informant and family members due to which they sustained injuries and later one of injured died. It has been submitted on behalf of the petitioners that the petitioner nos. 2 and 3 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. No specific allegation is alleged against the petitioners. Specific allegation of assault is alleged against coaccused Beni Mandal who is alleged to have assaulted the deceased. There is a case and counter case between the parties. A free fight is alleged to have taken place. There is a land dispute between the parties.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 Chief Judicial

Patna High Court CR. MISC. No.34294 of 2021(2) dt.29-03-2022 3/3 Magistrate, Jamui in connection with Jhajha P.S. Case No. 398/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T