Vivek Mandal @ Vivek Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28641 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -PURAINI District- MADHEPURA ======================================================

1. Vivek Mandal @ Vivek Kumar, Son of Shiv Narayan Mandal.

2. Vibhuti Kumar, Son of Shiv Narayan Mandal.

3. Shiv Narayan Mandal, Son of Late Yugul Mandal.

4. Ajay Mandal @ Lalan Mandal, Son of Pavan Mandal, All resident of Village- Bhatauni, Police Station- Puraini, District- Madhepura. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Puraini P.S. Case No. 13 of 2017 for the offences instituted under Sections 147, 149, 341, 323, 504, 506, 379, 384, 385 of the Indian Penal Code.

The allegation against the petitioners is of looting away the turmeric of the informant at the point of arms, which was planted by him and when the informant and his wife made protest, they were assaulted by the petitioner no.1 and petitioner no.4 with fist and kicks.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.28641 of 2017 (2) dt.06-07-2017 2/2 petitioners. The petitioners have falsely been implicated in the present case. The petitioners have been made accused due to mistake of fact. The allegations made in the F.I.R. are denied by them. The land in question belongs to the petitioner and for the said reason, the present case has been instituted against the petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Puraini P.S. Case No. 13 of 2017 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of J.M.1st Class, Udakishunganj, Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T