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Patna High CourtCR. MISC./9289/2021bail granted

Budhan Mandal v. The State Of Bihar

2022-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9289 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- KARANDAY District- Sheikhpura ====================================================== 1.

BUDHAN MANDAL S/o GENOURI MANDAL R/o Village - Dhamsena, P.S. - Karandy, District - Sheikhpura.

2.

Pappu Mandal S/o Krishna Mandal R/o Village - Dhamsena, P.S. - Karandy, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Karandy P.S. Case no. 6 of 2020 instituted for the offence under Sections 323, 324, 341, 307, 504, 506/34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and her family members by the petitioners and other co-accused persons.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.9289 of 2021(2) dt.04-01-2022 2/2 has submitted that petitioners are is innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. Injuries received by the informant and her husband are simple in nature. They have got no criminal antecedent. There is admitted land dispute between the parties. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Karandy P.S. Case no. 6 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U