Bhola Mandal And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19492 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ======================================================
1. Bhola Mandal, Son of Late Jeevlal Mandal
2. Raj Kishore Mandal, son of Bhola Mandal
3. Hulan Mandal, son of Bhola Mandal
4. Sita Ram Mandal, son of Kishan Mandal All Resident of Village- Manjaura, Police Station- Bihariganj, District- Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Kanhaiya Singh, Sr. Advocate Mr. Birendra Kumar Singh, Advocate For the S t a t e : Mr. Umeshlal Verma, APP For the Informant : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2015 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the informant as well as the learned counsel appearing for the State.
The petitioners are apprehending their arrest in connection with Bihariganj P.S. Case No.33 of 2015 (G.R. No.128 of 2015) for allegedly having committed the offences under Sections 302, 120B and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that because earlier there had been some land disputes between the parties, a false and malicious allegation has been made against
Patna High Court Cr.Misc. No.19492 of 2015 (5) dt.11-12-2015 2/3 these petitioners. It is further submitted that save and except the allegation in the F.I.R., in the entire case diary no further material has emerged.
Learned counsel appearing on behalf of the informant submits that the petitioners are having a history of litigations against them, which have also come in the report called for earlier. In reply to the same, learned counsel for the petitioners submits that except one of the co-accused, no cognizance has been taken against these petitioners. Save and except petitioner no.2 Raj Kishore Mandal against whom there is one another case, in which he has already been on bail, petitioner No.1, 3 and 4 have only one allegation.
Considering the fact that no further cogent material has surfaced in the case diary, which stands testified by perusal of the same by the State Counsel, let all the four petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Udakishanganj, Madhepura, in connection with Bihariganj P.S. Case No.
Patna High Court Cr.Misc. No.19492 of 2015 (5) dt.11-12-2015 3/3 2015 (G.R. No.128 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T