Shatrudhan Mali @ Shatrohan Mali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47089 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== 1.
Shatrudhan Mali @ Shatrohan Mali, S/o Late Mohan Mali @ Mohan Bhagat.
2.
Raja Kumar, S/o Shatrudhan Mali @ Shatrohan Mali. 3.
Ankit Mali, S/o Shatrudhan Mali @ Shatrohan Mali. 4.
Mamta Devi, W/o Shatrudhan Mali @ Shatrohan Mali. All are Residents of Village - Satmalpur, P.S- Warisnagar, Districtt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-09-2023
1. Heard learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Warisnagar P.S. Case No. 110 of 2023 dated 06.04.2023 registered for the offence(s) punishable under Section(s) 341, 342, 323, 324, 379, 504, 307, 506/34 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioners are that as per the FIR, the alleged occurrence took place on 03.04.2023 but the FIR was lodged on 06.04.2023 in fact, both the parties are next door neighbours and
Patna High Court CR. MISC. No.47089 of 2023(2) dt.06-09-2023 2/3 there is a land dispute in between them which resulted in scuffling between them and thereafter the informant lodged the FIR of the instant matter with false allegation in order to put pressure upon them and the alleged offence of Section 307 of the Indian Penal Code is not made out as the informant and other so-called injured persons have not filed their injury reports during investigation and moreover all the petitioners have fair and clean antecedent and the investigation of the present matter is at the verge of end.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the genesis of the occurrence and fair and clean antecedent of the petitioners and also, the fact, that both the parties are neighbours and in between them there is a land dispute, in my opinion, in the said circumstances, the petitioners deserve to the privilege of anticipatory bail. Accordingly, let the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Warisnagar P.S. Case No. 110 of 2023 on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each
Patna High Court CR. MISC. No.47089 of 2023(2) dt.06-09-2023 3/3 to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T