Raja Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34852 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- JHAJHA District- Jamui ====================================================== 1.

Raja Mandal Son Of Beni Mandal R/O Village- Chhuchhunriya, P.S.- Jhajha, District- Jamui.

2.

Gauri Shankar Kumar @ Gauri Mandal Son Of Beni Mandal R/O VillageChhuchhunriya, P.S.- Jhajha, District- Jamui. 3.

Sudam Kumar Son Of Beni Mandal R/O Village- Chhuchhunriya, P.S.- Jhajha, District- Jamui.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Veerendra Narayan, APP For the informant :

Mr. Shashi Kant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 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.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504, 506 of the Indian Penal Code in which section 302 IPC was added later on.

The prosecution allegation, in short, is that owing to land dispute, the accused persons, variously armed, assaulted

Patna High Court CR. MISC. No.34852 of 2021(2) dt.24-03-2022 2/3 the family members of the informant in the paddy field due to which they sustained injuries and later one of the family members succumbed to the injuries.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Specific allegation of assault is alleged against Beni Mandal. There is a case and counter case between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. There is 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 Magistrate, Jamui in connection with Jhajha P.S. Case No.

Patna High Court CR. MISC. No.34852 of 2021(2) dt.24-03-2022 3/3 398/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T