Kundan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41475 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- PANJWARA District- Banka ====================================================== 1.
Kundan Mandal Son of Jai Prakash Mandal Resident of village - Baidachak, P.S. - Panjwara, Distt. - Banka 2.
Ashok Mandal S/O Jaddu Mandal Resident of village - Baidachak, P.S. - Panjwara, Distt. - Banka 3.
Ful Kumari Devi Wife of Jai Prakash Mandal Resident of village - Baidachak, P.S. - Panjwara, Distt. - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 385, 504, 506/34 of the Indian Penal Code.
3. Prosecution case in brief is that on the alleged date and time of occurrence, all the FIR named accused persons including petitioners due to land dispute assaulted the informant and also demanded extortion of Rs. 1 lakh. It is further alleged that they also took out cash of Rs. 5,000/- from pocket of the informant.
Patna High Court CR. MISC. No.41475 of 2023(3) dt.29-08-2023 2/2
4. It is submitted that both parties are close door neighbour and are Gotias. There is land dispute between them for which 144 proceeding is also going on. Allegation of assault is general and omnibus. Rest of the accusations are ornamental.
5. Considering the backdrop in which the alleged occurrence took place, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Banka in connection with Panjwara P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T