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Patna High CourtCR. MISC./54586/2018bail granted

Rajeev Mandal v. The State Of Bihar

2018-10-08Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54586 of 2018 Arising Out of PS. Case No.-157 Year-2018 Thana- BAJPATTI District- Sitamarhi ====================================================== Rajeev Mandal S/o Nathuni Mandal, R/o Vill.- Raipur Jagarnath, P.S.- Bajpatti, 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 :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Bajpatti P. S. Case No. 157 of 2018 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 354 of the Indian Penal Code. Learned counsel for the petitioner submits that the informant and this petitioner are own Gotiyas. It is pointed out that bare perusal of the complaint itself it would appear that while the informant was constructing the wall of the residential house a dispute took place in course of construction and it is alleged that in course of that dispute the accused Arun Mandal and Sanny Mandal initially abused the informant and misbehaved with her and thereafter, the other accused persons

Patna High Court Cr.Misc. No.54586 of 2018(2) dt.08-10-2018 2/2 including this petitioner came there and one of them Rambabu Mandal assaulted the husband of the informant by farsa. Learned counsel submits that so far as this petitioner is concerned, there is no allegation of assault against him. He has been falsely implicated because he happens to be the family member of co-accused.

No one appear to oppose the prayer of bail.

Considering the facts and circumstances of the case where it is admitted dispute which has arisen because of land dispute in course of construction, both the parties are own Gotiya, as far as this petitioner is concerned, there is no specific allegation against him, the petitioner Rajeev Mandal in case of his arrest or surrender in connection with Bajpatti P. S. Case No. 157 of 2018 within a period of four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) avin/- U T