Chanchal Mandal @ Rajbhar @ Chanchal Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45709 of 2022 Arising Out of PS. Case No.-392 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Chanchal Mandal @ Rajbhar @ Chanchal Verma Son Of Nandeo Mandal Resident Of Village - Hanuman Nagar Chaura Ward No.- 9, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura.
2.
Santosh Mandal @ Santosh Kumar Mandal Son Of Nandeo Mandal Resident Of Village - Hanuman Nagar Chaura Ward No.- 9, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura.
3.
Ashok Mandal @ Ashok Kumar Mandal Son Of Parmeshwari Mandal Resident Of Village - Hanuman Nagar Chaura Ward No.- 9, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura.
4.
Jai Kumar Mandal Son Of Parmeshwari Mandal Resident Of Village - Hanuman Nagar Chaura Ward No.- 9, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura.
5.
Vikas Mandal @ Vikash Kumar Son Of Upendra Chaudhary @ Tunail Chaudhary @ Upnandan Chaudhary Resident Of Village - Basantpur Ward No.- 15, P.S.- Shankarpur, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 At the outset, It is submitted by learned counsel for the petitioners that he seeks permission to withdraw this application against petitioner no.5 namely, Vikas Mandal. Permission is accorded.
This application is dismissed as withdrawn against petitioner no.5 namely, Vikas Mandal.
So far as rest of the petitioners are concerned, the
Patna High Court CR. MISC. No.45709 of 2022(2) dt.13-12-2022 2/3 instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Madhepura (Bharrahi O.P) P.S. Case No. 392 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 354B, 387, 504, 506 of the Indian Penal Code & Section 27 of Arms Act.
It is a case of opening fire and demand of ransom money of Rs. 5 lakhs from the informant.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. A Statement has been made in para 3 of the petition that they have got no criminal antecedent. It is further submitted that there is a land dispute existing between the parties, in this juncture on behalf of the petitioner a title suit no. 145/2022 has been filed and due to which the name of the petitioners have been sprang up in this case. It is further submitted that no one sustained injury as alleged by the informant. Learned APP appearing for the state has opposed the prayer of anticipatory bail.
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 petitioners except petitioner
Patna High Court CR. MISC. No.45709 of 2022(2) dt.13-12-2022 3/3 no.5 on bail. The petitioners except petitioner no.5 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 Madhepura (Bharrahi O.P.) P.S. Case no. 392 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T