Mukesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49857 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== 1.

MUKESH MANDAL S/O Lakshmi Mandal R/O 11, Patti Ratansar, P.SSupaul, Distt.- Supaul. 2.

Lalan Kumar Mandal @ Lalan Mandal @ Manoj Mandal S/O Deb Mandal R/O House No. 18, P.S- Chhatipur, Ratansar, Niyamat Patti, Distt.- Supaul. 3.

Shankar Mandal @ Shankar Kumar S/O Jainand Mandal R/O 1346 Block B, Pocket 1, Vasant Kunj, Vasant Vihar South West Delhi, Delhi- 110070. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Chhatapur P.S. Case No. 31 of 2023, registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per allegation, the petitioner along with three other co-accused persons equipped with various weapon came to the informant and started abusing the informant's daughter and assaulted her by slaps and fists. Five unknown persons also came there and started looting the potato of informant. Further,

Patna High Court CR. MISC. No.49857 of 2023(2) dt.11-08-2023 2/3 petitioner no. 1 Mukesh Mandal snatched cash of Rs. 25,000/- and a golden ring from the informant.

4. The learned counsel for the petitioners has submitted that the petitioners are the persons of clean antecedents. They have falsely been implicated in this case. The FIR shows itself that there is land dispute between the parties. He has submitted further that the allegation against petitioner nos. 1 and 2 is general and omnibus whereas there is specific allegation on petitioner no. 3 that he assaulted the brother of the informant and he twisted his arm, resulting into fractured injuries, which has been found as grievous in nature, though not on the vital part.

5. On the other hand, the learned APP has opposed the prayer for bail and submitted that the grievous injuries suffered by brother of the informant has specifically been attributed to petitioner no. 3.

6. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned ACJM- V, Supaul in connection with Chhatapur P.S.

Patna High Court CR. MISC. No.49857 of 2023(2) dt.11-08-2023 3/3 Case No. 31 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.

7. Petitioner no. 3 Shankar Mandal shall present physically before the learned court below on each and every date till framing of the charges.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T