Bharat Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57262 of 2018 Arising Out of PS.Case No. -128 Year- 2018 Thana -SINDHWARA District- DARBHANGA ======================================================
1. Bharat Mandal, Son of Dhyani Mandal,
2. Dhyani Mandal, Son of Late Kari Mandal,
3. Rambabu Mandal, Son of Dhyani Mandal,
4. Lakshman Mandal, Son of Dhyani Mandal
5. Satrughan Mandal @ Satrahan Mandal, Son of Dhyani Mandal
6. Gita Devi, Wife of Dhyani Mandal
7. Rekha Deve, Wife of Rambabu Mandal
8. Sarita Devi, Wife of Laxman Mandal, All resident of Village- Bharhuli, P.S.- Singhwara, District- Darbhanga (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code. To resolve the land dispute between the parties, a Panchayati was going on and at the same time, the petitioners allegedly committed assault against the informant and others even causing injury at the head. The injury found by the Doctor is not
Patna High Court Cr.Misc. No.57262 of 2018 (3) dt.29-10-2018 2/2 consistent with the prosecution allegation as the Doctor found cut injury on Rambol Mandal whereas there is no allegation of commission of injury to Rambol Mandal with weapon of cutting. The injuries found were simple in nature.
Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Singhwara Police Station Case No. 128 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T