Munilal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43569 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- HABIBPUR District- Bhagalpur ====================================================== 1.

MUNILAL MANDAL Son of Late Indo Mandal Resident of Village - Etbari Hat Gorhi Tola, Hussainabad, P.S.- Habibpur, District- Bhagalpur 2.

Amaresh Mandal @ Amarash Mandal Son of Late Indo Mandal Resident of Village - Etbari Hat Gorhi Tola, Hussainabad, P.S.- Habibpur, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Habibpur P.S. Case N0. 29 of 2019, disclosing offences under Sections 447,341,323,307,379 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners has submitted that it is evident from the First Information Report that land dispute is the reason behind an occurrence, which had taken place on 18.02.2019, in respect of which a case had already been filed prior to the present case, registered as Habibpur P.S. case No. 28 of 2019. He has submitted that the present FIR has been lodged after an FIR was lodged by brother of the

Patna High Court CR. MISC. No.43569 of 2019(2) dt.16-07-2019 2/2 petitioners, who has also been made accused in the present case.

Referring to the First Information Report, learned counsel for the petitioners has submitted that there is no specific allegation of assault against these petitioners and the allegation are general and omnibus.

In view of the submissions advanced on behalf of the petitioners, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail 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 ACJM-XII, Bhagalpur, Gaya in Habibpur P.S. Case No. 29 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

arun/- (Chakradhari Sharan Singh, J) U