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Patna High CourtCR. MISC./44408/2019bail granted

Brahamdev Mandal v. The State Of Bihar

2019-09-26Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44408 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- LODIPUR District- Bhagalpur ====================================================== 1.

Brahamdev Mandal Son of Maheshi Mandal Resident of Village - Anandpur, P.S.- Lodipur, District - Bhagalpur.

2.

Nand Kishor Mandal @ Baal Kishor Mandal Son of Maheshi Mandal Resident of Village - Anandpur, P.S.- Lodipur, District - Bhagalpur. 3.

Balchu Mandal @ Bablu Mandal Son of Maheshi Mandal Resident of Village - Anandpur, P.S.- Lodipur, District - Bhagalpur. 4.

Ramjee Mandal Son of Maheshi Mandal Resident of Village - Anandpur, P.S.- Lodipur, District - Bhagalpur.

5.

Rahim Mandal Son of Gully Mandal Resident of Village - Anandpur, P.S.- Lodipur, District - Bhagalpur.

6.

Nitish Mandal Son of Naresh Mandal Resident of Village - Anandpur, P.S.- Lodipur, District - Bhagalpur.

7.

Santosh Mandal Son of Kishor Mandal Resident of Village - Anandpur, P.S.- Lodipur, District - Bhagalpur.

... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lodipur P.S. Case no. 25 of 2019, registered under Sections 147, 148, 149, 341, 323, 325, 307, 337 & 504 of the Indian Penal Code.

Nine accused persons including the petitioners are

Patna High Court CR. MISC. No.44408 of 2019(4) dt.26-09-2019 2/3 said to have slated and assaulted the informant and his two sons by means of brick bat, lathi and danda and made them injured and left the scene extending threatening of dire consequence. Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case over differences cropped up between the parties on installation of idol of Godess Saraswati. Allegation levelled against the petitioners are not specific rather general and omnibus in nature. There is no injury report of Chandan Mandal and Aakash Mandal in the case diary as they have not sustained any injury. Informant has sustained two simple injury and one grievous injury in right arm. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail.

Having regard to 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 learned Chief

Patna High Court CR. MISC. No.44408 of 2019(4) dt.26-09-2019 3/3 Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. Case No. 25 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T