Bisheshwar Mandal @ Bisheshwar Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.53262 of 2016 (5) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53262 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -BASNAHI District- SAHARSA ======================================================

1. Bisheshwar Mandal @ Bisheshwar Kumar.

2. Pramod Mandal @ Pramod Kumar, Both son of Dobhi Mandal, resident of Village- Amouja, P.S. Basnahi, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rashmi Jha, Advocate. For the Opposite Party/s : Mr. Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Basnahi P.S. Case No. 23 of 2016, registered under Sections 147, 148, 149, 341, 323, 324, 307 and 506 of the Indian Penal Code.

The accusation is that Sikandar Mandal and Manoj Mandal came at the ancestral land of the informant and started to construct the house. When the informant made protest then both persons threatened of dire consequences. Thereafter, Dobhi Mandal, Sambhu Mandal, Bisheshwar Mandal (petitioner no. 1), Promod Mandal (petitioner no. 2), Tilkeshwar Mandal and Khakhri Devi came there armed with Dabiya, Farsa and Lathi. At

Patna High Court Cr.Misc. No.53262 of 2016 (5) dt.15-02-2017 that time, petitioner no. 1 caused injury through Dabia to Mithilesh Kumar whereas petitioner no. 2 also caused injury though Farsa to Pintu Kumar, son of the informant. Learned counsel for the petitioners submits that it would appear from the F.I.R. that due to land dispute occurrence took place, in which, seven persons including the petitioners participated in the occurrence. In course of occurrence, informant and his sons, Mithlesh Kumar and Pintu are said to be sustained injury but their injuries are simple in nature, which would appear from paragraphs 34, 35 and 40of the case diary. Further submission is that petitioners have no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Saharsa, in connection with Basnahi P.S. Case No. 23 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T