Jogindra Mandal @ Yogendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30199 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.
JOGINDRA MANDAL @ YOGENDRA MANDAL s/o KABI MANDAL Residents of village- Janipur P.S. Shahkund District Bhagalpur 2.
Janardhan Mandal @ Janardar Mandal @ Janardhan Mandal s/o Haro Mandal Residents of village- Janipur P.S. Shahkund District Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 325, 427, 504 of the Indian Penal Code.
3. The allegation against the petitioners is that they assaulted the informant's side, due to which they sustained injury.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that both parties are agantes and there is land dispute between them.
Patna High Court CR. MISC. No.30199 of 2023(2) dt.14-07-2023 2/2 He further submits that the F.I.R. was lodged on 03.07.2022 though the occurrence took place on 30.05.2022 and no explanation regarding the delay has been advanced, which creates doubt about the prosecution case. Similarly situated coaccused have been enlarged on bail by this Court vide order dated 19.01.2023 passed in Cr. Misc. No. 68119 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Shahkund P.S. Case No.184 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T