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Patna High CourtCR. MISC./46402/2022allowed

Kesho Mandal v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46402 of 2022 Arising Out of PS. Case No.-208 Year-2020 Thana- SONO District- Jamui ====================================================== KESHO MANDAL SON OF BHOLA MANDAL R/O VILLAGEDHODHARI, P.O.- PAIRO MATIHANA, P.S.- SONO, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Singh For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307 & 504 of the Indian Penal Code. The petitioner in association of other co-accused is said to have assaulted the informant and other and they have also committed other offences in the manner as mentioned in the F.I.R.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation

Patna High Court CR. MISC. No.46402 of 2022(2) dt.05-12-2022 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injury sustained by the victim is grievous in nature. It is further submitted that the accused persons of informant's side, namely, Md. Firoj Ansari and another and Mumtaz Ansari and others have already been granted anticipatory by different co-ordinate Bench of this Court vide order dated 04.03.2022 and 23.08.2022 passed in Cr. Misc. Nos.16189 of 2021 and Cr. Misc. No.6240 of 2022 respectively. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sono P.S. Case No. 208 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.