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Patna High CourtCR. MISC./44506/2023allowed

Manoj Mandal@ Manoj Kr. Mandal v. The State Of Bihar

2023-08-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44506 of 2023 Arising Out of PS. Case No.-467 Year-2022 Thana- FALKA District- Katihar ====================================================== 1.

Manoj Mandal @ Manoj Kumar Mandal, Male, age about 35 years. 2.

Sunil Kumar Mandal @ Sunil Mandal, Male, age about 31 years. Both Sons of Late Dasturi Mandal, Resident of village - Morsanda, P.S. - Falka, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sah @ Baranwal, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Falka P.S. Case No. 467 of 2022 dated 15.11.2022 instituted for the offence punishable under Sections 341, 323, 325, 307 and 379/34 of the Indian Penal Code.

3. The allegation against petitioner no. 2 is that he assaulted the informant on his head by iron rod and petitioner no. 1 has taken away Rs. 3,000/- from the pocket of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent have been falsely implicated in this case

Patna High Court CR. MISC. No.44506 of 2023(2) dt.29-08-2023 2/2 due to local village politics. There is case and counter case between the parties. The injures on the injured are simple in nature and petitioners side have also sustained injury. Petitioners have no criminal antecedent.

5. Learned APP opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Katihar in connection with Falka P.S. Case No. 467 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Anand Kr.

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