Ranjeet Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 58820 of 2018 Arising Out of PS. Case No.-246 Year-2013 Thana- Jhajha District- Jamui ======================================================

1. Ranjeet Mandal, S/o Dhaneshwar Mandal,

2. Ritlal Mandal, S/o Chhathu Mandal, Both are residence of Village- Khuriparas, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2018 Heard Sri Rajesh Kumar Sinha, learned counsel for the petitioners and Sri Bal Mukund Prasad Sinha, learned Addl. Public Prosecutor.

The present petition was filed for grant of anticipatory bail in Jhajha P.S. Case No. 246 of 2013 registered for offence under Sections 147, 148, 149, 307, 324, 504 of the Indian Penal Code, 1860 (for short "I.P.C.").

Learned counsel for the petitioner submits that it is true that in the F.I.R., Section 307 of the I.P.C. was added, but during investigation, the offence under Section 307 of the I.P.C. was not found true, but the learned S.D.J.M., Jamui has taken cognizance for offence under Section 307 of the I.P.C., which fact has been stated in paragraph - 11 of the petition. He further

Patna High Court Cr.Misc. No.58820 of 2018(2) dt.20-09-2018 2/2 submits that there was case and counter case in between the parties and land dispute was the main reason for the occurrence. Considering the fact that during investigation, accusation under Section 307 of the I.P.C. was not found true as well as the fact that there was case and counter case in between the parties, there is no reason to refuse the prayer for anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let aforesaid two petitioners namely Ranjeet Mandal and Ritlal Mandal 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 learned S.D.J.M., Jamui in connection with Jhajha P.S. Case No. 246 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T