Vinay Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44793 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- PIPRA District- Supaul ====================================================== 1.
VINAY MANDAL SON OF RAMESHWAR KAMAT VILLAGELALMANIA, WARD NO. 6, P.S.- PIPRA, DISTT.- SUPAUL 2.
SATEN MANDAL SON OF RAMESHWAR KAMAT VILLAGELALMANIA, WARD NO. 6, P.S.- PIPRA, DISTT.- SUPAUL 3.
RAJESH MANDAL SON OF LATE JUGAN MANDAL VILLAGELALMANIA, WARD NO. 6, P.S.- PIPRA, DISTT.- SUPAUL 4.
VISHWANATH MANADAL @ BISYANATH MANDAL @ VISHYANATH MANDAL SON OF VINAY MANDAL VILLAGELALMANIA, WARD NO. 6, P.S.- PIPRA, DISTT.- SUPAUL 5.
SIKANDAR MANDAL SON OF SATEN MANDAL VILLAGELALMANIA, WARD NO. 6, P.S.- PIPRA, DISTT.- SUPAUL 6.
LALO KUMAR SON OF SATEN MANDAL VILLAGE- LALMANIA, WARD NO. 6, P.S.- PIPRA, DISTT.- SUPAUL 7.
RAJA MANDAL SON OF RAJLAL MANDAL VILLAGE- LALMANIA, WARD NO. 6, P.S.- PIPRA, DISTT.- SUPAUL 8.
LILU KUMAR @LULU KUMAR SON OF RAJLAL MANDAL VILLAGE- LALMANIA, WARD NO.6, P.S.- PIPRA, DISTT.- SUPAUL 9.
OM PRAKASH @ OM PRAKASH KUMAR SON OF VISHWANATH MANDAL VILLAGE- LALMANIA, WARD NO.6, P.S.- PIPRA, DISTT.- SUPAUL 10.
ABHINANDAN KUMAR SON OF VISHWANATH MANDAL @ BISHYANATH MANDAL VILLAGE- LALMANIA, WARD NO.6, P.S.- PIPRA, DISTT.- SUPAUL ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The learned counsel for the petitioners, at the
Patna High Court CR. MISC. No.44793 of 2024(2) dt.08-08-2024 2/3 outset, seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 2 who was arrested during pendency of the anticipatory bail application.
3. Permission is accorded.
4. Accordingly the instant anticipatory bail application stands dismissed as withdrawn only with respect to petitioner no. 2 (Saten Mandal).
5. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 324, 504 and 506 of the Indian Penal Code.
6. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and on account of dispute relating to construction of house over the disputed land, the instant FIR came to be instituted with an allegation that the accused persons assaulted the informant, his father and brother and the injured were taken to hospital for treatment. It is further submitted that petitioners and the informant are agnates and from side of the petitioners also Pipra P.S. Case No. 71 of 2024 has been instituted against the side of the informant and others. It is next submitted that from perusal of the injury report annexed as Annexure-3 to the anticipatory bail application, it would manifest that the injury suffered by the injured is simple
Patna High Court CR. MISC. No.44793 of 2024(2) dt.08-08-2024 3/3 in nature, which amply demonstrates that petitioners never had any intention of committing a serious occurrence.
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
8. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, except petitioner no. 2, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Pipra P.S. Case No. 68 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
9. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T