Arun Kumar @ Arun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44219 of 2025 Arising Out of PS. Case No.-141 Year-2018 Thana- LODIPUR District- Bhagalpur ====================================================== 1.

Arun Kumar @ Arun Mandal S/O Late Gajendra Mandal Residents of Near Ice Cream Factory, Lodipur, P.S- Lodipur, District- Bhagalpur. 2.

Ram Ranjan Mandal S/O Late Gajendra Mandal Residents of Near Ice Cream Factory, Lodipur, P.S- Lodipur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 354(B), 504/34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, armed with lethal weapons, came and stopped construction on gunpoint, while informant was working in her filed. It is further alleged that the accused persons also assaulted informant and others.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.44219 of 2025(2) dt.30-07-2025 2/3 Admittedly, there is land dispute between the parties. As a matter of fact, informant was illegally constructing house on the land of petitioner and when the same was objected, altercation took place between the parties. Allegation of assault is general and omnibus and there is no specific accusation of assault against these petitioners. Police after investigation submitted charge-sheet against only three accused persons, namely, Prabhat Mandal, Pujani Mandal and Pradeep Mandal and not against these petitioners. During trial, petitioners were summoned under Section 319 Cr.P.C. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, 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 Additional Sessions Judge XIV, Bhagalpur in connection with Lodipur P. S. Case No. 141

Patna High Court CR. MISC. No.44219 of 2025(2) dt.30-07-2025 3/3 of 2018, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T