Gulab Chand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44557 of 2021 Arising Out of PS. Case No.-445 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== Gulab Chand Mandal, Son of Raghuwar Mandal Resident of Village - Palasi, P.S. - Narpatganj, Distt.- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Narpartganj P.S. Case No.445 of 2020 registered for the offence under Sections 341, 323, 324, 325, 307, 354(B), 504/34 of the IPC. Prosecution case in brief is that, informant went to see her paddy field, she saw that 4-5 persons are putting fish-net by destroying boundary of her field. The informant objected but they started abusing, upon which informant's husband protested but all the accused persons started assaulting him with the weapons kept by them before hand. Accused Gulab Chand Mandal and Devanand Mandal gave repeated farsa blow upon head of the informant and injured her husband on back and arm by the blow of farsa. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute. He further submits that the alleged

Patna High Court CR. MISC. No.44557 of 2021(2) dt.23-03-2022 2/2 occurrence is totally false and based on imagination and purposely roped the name of the petitioner by the informant with ulterior motive. Learned counsel for the petitioner submits that there is delay of nine days in lodging the FIR and said delay has not been explained. He further submits that the there is case and counter case between the parties. Petitioner has clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of this order is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpartganj P.S. Case No.445 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Prakash Narayan /- U T