Anil Mandal @ Anil Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51362 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.

ANIL MANDAL @ ANIL KUMAR MANDAL S/o Santlal Mandal R/o village- Bentbari, P.S.- Tedhagachh, District- Kishanganj 2.

Sunil Mandal @ Sunil Kumar Mandal S/o Santlal Mandal R/o villageBentbari, P.S.- Tedhagachh, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through virtual Court proceedings.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code. The allegation against the petitioners is that they along

Patna High Court CR. MISC. No.51362 of 2021(2) dt.06-05-2022 2/3 with other accused persons have indiscriminately assaulted the informant's side.

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 place. There is a land dispute between the parties. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and in the alleged occurrence, both sides have sustained injuries and the injury on the person of the informant is simple in nature. Petitioner no.2 has no criminal antecedent and petitioner no.1 has one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is case and counter case between the parties and both sides have sustained injuries, 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

Patna High Court CR. MISC. No.51362 of 2021(2) dt.06-05-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tedhagachh P.S. Case No.08 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T