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Patna High CourtCR. MISC./58744/2024allowed

Ghanshyam Mandal v. The State Of Bihar

2024-11-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58744 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.

Ghanshyam Mandal Son Of Tetar Mandal R/V- Village- Pawai, P.S.- Amarpur, Distt.- Banka 2.

Gabaskar Mandal Son Of Ghanshyam Mandal R/V- Village- Pawai, P.S.- Amarpur, Distt.- Banka 3.

Bubu Mandal @ Babbu Kumar Mandal Son Of Ghanshyam Mandal R/VVillage- Pawai, P.S.- Amarpur, Distt.- Banka 4.

Aruna Devi Wife Of Ghanshyam Mandal R/V- Village- Pawai, P.S.- Amarpur, Distt.- Banka 5.

Rekha Devi @ Rekha Kumari Wife Of Bubu Mandal @ Babbu Kumar Mandal R/V- Village- Pawai, P.S.- Amarpur, Distt.- Banka 6.

Muskan Devi Wife Of Gabaskar Mandal R/V- Village- Pawai, P.S.- Amarpur, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 354, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioners have assaulted the informant and her family members.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.58744 of 2024(3) dt.19-11-2024 2/2 petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. He submits that there is case and counter case between the parties and both sides have sustained grievous injuries. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as the fact that both sides have sustained injuries and there is admitted land dispute between the parties, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Amarpur P.S. Case No.280 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T