Rakesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6072 of 2018 Arising Out of PS. Case No.-38 Year-2017 Thana- SURSAND District- Sitamarhi ====================================================== Rakesh Mandal, Son of Ramdeo Mandal, R/o Village- Miadan, P.S.- Sursand, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is apprehending arrest in connection with Sursand P.S. Case No. 38 of 2017 for an offence under sections 341, 323, 324, 307, 354, 504/34 of the Indian Penal Code. Vide order dated 02.02.2018 case diary was called for. Learned A.P.P. on the basis of case diary submits that the injury on the informant was found to be simple. Learned counsel for the petitioner submits that the petitioner and the informant are close relative and 144 proceeding was initiated and yet the informant side has violated the restrained order.
Learned counsel for the petitioner submits that considering the land dispute and the fact that the petitioner and the
Patna High Court Cr.Misc. No.6072 of 2018(3) dt.27-02-2018 2/2 informant are close relatives and the nature of injury was found to be simple, the petitioner deserves bail. Considering the nature of injury and the fact that 144 proceeding was initiated and there is land dispute and notwithstanding restrained order the informant side entered that land which led scuffle between the parties and in that circumstance the informant side sustained injury, let the petitioner, named above, be released on bail in the event of arrest/surrender before the court below within a period of one month from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi in connection with Sursand P.S. Case No. 38 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U