Sikandar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37885 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

SIKANDAR MANDAL SON OF SURESH MANDAL RESIDENT OF VILLAGE JOUNIA, PS NAUGACHIYA, DISTRICT- BHAGALPUR 2.

JAMADAR MANDAL SON OF SURESH MANDAL RESIDENT OF VILLAGE JOUNIA, PS NAUGACHIYA, DISTRICT- BHAGALPUR 3.

RANA MANDAL SON OF SIKANDAR MANDAL RESIDENT OF VILLAGE JOUNIA, PS NAUGACHIYA, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 436, 448, 147 of the IPC.

As per prosecution case, when the informant and his family members was sleeping then all the accused persons, who are named in the FIR, breaking wall and entered in his house. They were armed with weapon and as well they had kerosene oil. It is further alleged that co-accused Deepak Mandal started

Patna High Court CR. MISC. No.37885 of 2023(2) dt.04-07-2023 2/3 pouring kerosene oil on the thatched roof of the informant and co-accused Tribhuwan Mandal as well as petitioner set the house on fire. Informant and his wife escaped themselves but a goat was burnt and some household articles were burnt in the fire.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. The informant and petitioners are Pattidar of each other and there is dispute with regard to partition. No living person has sustained burnt injury in the alleged occurrence only one goat has sustained burnt injury. The informant due to inimical term with the petitioners by taking advantage of fire lodged the instant case with malicious motive. They are languishing in judicial custody since 13.04.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.37885 of 2023(2) dt.04-07-2023 3/3 Court concerned in connection with Naugachia P.S. Case No. 206 of 2022.

(Sunil Kumar Panwar, J) arish/- U T