Patna High CourtCR. MISC./28761/2016bail granted

Pawan Mandal And ORS v. The State Of Bihar

2016-08-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28761 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Pawan Mandal

2. Shraban Mandal Both Sons of Ragho Mandal

3. Ragho Mandal @ Raghu Mandal @ Raghu Nandan Mandal Son of Late Khudari Mandal All residents of village - Kathchira, Police Station Gopalpur, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-08-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. It is specific case of the informant that petitioner no. 1 gave rod blow causing head injury to informant whereas petitioner no. 2 gave lathi blow causing head injury to injured, Mantu Mandal. So far as petitioner no. 3 is concerned, he is said to be only a member of unlawful assembly.

Originally, the present case was lodged under Section 307 and other minor sections of the Indian Penal Code but subsequently, after death of injured, Mahesh Mandal Section 302 of the Indian Penal Code was added. The written report of the

Patna High Court Cr.Misc. No.28761 of 2016 (3) dt.18-08-2016 2/2 informant goes to show that it was co-accused, Ramdeo Mandal who gave fatal blow to deceased. However, there is case and counter case between the parties and it appears that persons from both the sides sustained injury and the present occurrence took place on account of land dispute.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that investigation against these petitioners has already been completed, let the petitioners 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 Additional Chief Judicial Magistrate, Naugachhia in connection with Gopalpur P.S. Case No. 13 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T