Mani Kant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53500 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- DHURAIYA District- Banka ====================================================== 1.

MANI KANT MANDAL Son of Late Sugdev Mandal @ Late Sukdeo Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka.

2.

Ajay Mandal @ Ajwan Mandal Son of Late Sugdev Mandal @ Late Sukdeo Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka.

3.

Gokul Mandal Son of Sri. Mahesh Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 4.

Kumod Thakur @ Kumod Kr. Thakur Son of Sri. Rupan Thakur Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 5.

Rupan Thakur Son of Late Fakir Thakur Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 6.

Rajin Kisku Son of Sri. Masudan Kisku Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 7.

Ramfal Mandal @ Ramphal Mandal Son of Sri. Sumaran Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 8.

Masudan Kisku Son of Late Bhajju Kisku @ Late Lakhan Kisku Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 9.

Mithilesh Mandal @ Mithlesh Kumar Son of Jaggan Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 10.

Sakchan Mandal @ Sakichan Mandal Son of Late Sugdev Mandal @ Sukhdeo Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka.

11.

Saryug Mandal @ Saryu Mandal Son of Late Ranjeet Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. 12.

Mahesh Mandal Son of Late Baldeo Mandal Resident of village - Santhali Tola Bareri, Police Station - Dhoraiya, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2022 At the outset, it is submitted by learned counsel for

Patna High Court CR. MISC. No.53500 of 2021(2) dt.07-04-2022 2/3 the petitioners that during pendency of this application, petitioner no. 1 has has been arrested and, as such, he seeks permission to withdraw this application against him. In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 1. So far as rest of the petitioners are concerned, he instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Dhoraiya P.S. Case no. 85 of 2021 instituted for the offence punishable under Sections 341, 323, 379, 327, 447, 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioners had demanded Rs. 50,000 from the informant as ransom. Due to non-fulfillment of the said amount, accused persons have assaulted the informant by fist and slaps and damaged fifty trees, which were planted around the petitioner's pond. They also snatched Rs. 5,000/- from the informant.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioner has been falsely implicated in this case. General and omnibus allegations have been levelled against

Patna High Court CR. MISC. No.53500 of 2021(2) dt.07-04-2022 3/3 them.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner nos. 2 to 12 on bail. The petitioner nos. 2 to 12 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Dhoraiya P.S. Case no. 85 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U