Pawan Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33286 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -BARARI District- KATIHAR ======================================================
1. Pawan Mandal
2. Pramod Kumar Mandal @ Pramod Mandal
3. Rajan Kumar Mandal @ Rajan Mandal
4. Mithun Kumar Mandal @ Mithun Mandal All Sons of Sushil Mandal Resident of village- Sukhashan, Turi Tola, P.S.- Barari (Semapur), DistrictKatihar .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Barari (Semapur) P.S. Case No. 138 of 2016 registered under Sections 147, 341, 323, 307 and 354 of the Indian Penal Code. The accusation is that on 07.05.2016, Sushil Mandal started to construct house in the Angan of his nephew Sahdeo Mandal, upon which he along with his nephew Sahdeo Mandal and Lalita Mandal protested. Thereafter, Sushil Mandal along with his sons, petitioners Pawan Mandal, Pramod Mandal, Rajan Mandal and Mithun Mandal including his wife Binda Devi and daughter-in-law Gayatri Devi and Meera Devi started to abuse and
Patna High Court Cr.Misc. No.33286 of 2016 (2) dt.20-08-2016 2/2 cause assault, when Binod Mandal and Rita Devi came to save them. At that time, Pawan Mandal and Rajan Mandal caused assault to them.
Learned counsel appearing on behalf of the petitioners submits that petitioners and informant are gotia and due to land dispute, occurrence took place in which hot talks were exchanged, regarding which on the basis of the written report of Sushil Mandal, father of the petitioners, Barari (Semapur) P.S. Case No. 136 of 2016 is instituted. Moreover, the injuries of informant Dulal Mandal, Binod Mandal, Sahdeo Mandal and Rita Devi are found simple caused by hard and blunt substances. Having considered the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Katihar in connection with Barari (Semapur) P.S. Case No. 138 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T