Dilip Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57596 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

Dilip Mandal S/O Suresh Mandal Residents Of Village- Jounia, P.SNaugachia, District- Bhagalpur 2.

Boski Mandal @ Basuki Kumar @ Boksi Mandal S/O Jamadar Mandal Residents Of Village- Jounia, P.S- Naugachia, District- Bhagalpur 3.

Bauna Mandal @ Bauna Kumar @ Bana Kumar S/O Hakim Mandal Residents Of Village- Jounia, P.S- Naugachia, District- Bhagalpur 4.

Triveni Mandal S/O Sruesh Mandal Residents Of Village- Jounia, P.SNaugachia, District- Bhagalpur 5.

Hakim Mandal S/O Suresh Mandal Residents Of Village- Jounia, P.SNaugachia, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 436, 448, 147 of the Indian Penal Code.

3. As per prosecution case, when the informant and his family members were sitting at the door, all the accused persons named in the FIR including the petitioners entered their house, armed with weapons as well as they had kerosene oil in their hands. It is further alleged that petitioner no.1 poured kerosene oil and

Patna High Court CR. MISC. No.57596 of 2023(2) dt.31-08-2023 2/2 thereafter other co-accused persons set the house of the informant on fire.

4. It is submitted on behalf of the petitioners that petitioners are pattidars and due to dispute with regard to partition of ancestral property, this false and concocted case has been lodged. Only one person had sustained burnt injury and specific allegation of setting the house on fire is against other co-accused persons.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, in connection with Naugachia P.S. Case No. 206 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) saurabhkrsinha/- U T