Ramrup Mandal And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49358 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -DHURAIYA District- BANKA ======================================================

1. Ramrup Mandal son of Late Bhadai Mandal

2. Subhash Mandal @ Mithilesh Kumar Mandal son of Ramrup Mandal Both are residents of village - Shasan, P.S.- Dhoraiya, DistrictBanka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar, Advocate For the Opposite Party/s : Mr. Md.Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Dhoraiya P.S.Case No.47 of 2015 registered under Sections 147, 148, 149, 341, 323, 325, 448, 379 and 436 of the Indian Penal Code as well as Section 27 of the Arms Act.

It is contended that the petitioners have been falsely implicated in the present case as petitioner no.2, namely, Subhash Mandal @ Mithilesh Kumar Mandal son of petitioner no.1 Ramrup Mandal had earlier instituted Dhoraiya P.S. Case No.77 of 2013 against the sons and wife of the informant under sections 147, 148, 149, 323, 324, 307, 379 and 504 of the Indian Penal

Patna High Court Cr.Misc. No.49358 of 2015 (2) dt.04-11-2015 2/2 Code and the present case has been filed by the informant just to put pressure upon the petitioners to compromise the earlier case lodged by petitioner no.2. It is further contended that there is long standing land dispute between the parties. It is also contended that in case the petitioners are granted anticipatory bail, they would not abscond or tamper with the evidence.

Taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.Chouhan, Judicial Magistrate, 1st Class, Banka in connection with Dhoraiya P.S. Case No.47 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T