Sunil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39510 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

SUNIL MANDAL Son of Shankar Mandal Resident of village - Janipur, P.S. - Shahkund, Distt. - Bhagalpur 2.

Biran Mandal Son of Late Devendra Mandal Resident of village - Janipur, P.S. - Shahkund, Distt. - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 325, 427, 504 of the Indian Penal Code. 3.

The allegation against the petitioners is that they assaulted the informant's side by means of deadly weapons due to which they sustained injuries.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.39510 of 2023(2) dt.08-08-2023 2/3 place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He submits that both the sides are agnates and there is an admitted land dispute between them. He further submits that similarly situated coaccused persons have been granted anticipatory bail by this Court vide orders dated 14.07.2023 and 19.01.2023 passed in Cr. Misc. No.30199 of 2023 and Cr. Misc. No.68119 of 2022 respectively. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is an admitted land dispute between the parties and similarly situated co-accused persons have been granted anticipatory bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shahkund P.S.

Patna High Court CR. MISC. No.39510 of 2023(2) dt.08-08-2023 3/3 Case No.184 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T