Gyandeo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58551 of 2023 Arising Out of PS. Case No.-56 Year-2020 Thana- PIPRA District- Supaul ====================================================== Gyandeo Mandal S/O Garib Mandal Village- Rampur, Ps- Pipra, Dist- Supaul. ... ... Petitioner/S

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 379, 447, 354 of the Indian Penal Code.

3. As per the prosecution, a case has been lodged against 13 named accused persons and other unknown persons. An allegation has been made against all the accused persons that they attacked the informant's side and injured one Ramchandra Mandal and his son.

4. It is submitted by learned counsel for the petitioner that petitioners is innocent and has committed no offence. Counsel for the petitioner submits that petitioner and informant are agnates and from the content of the FIR it transpires that the dispute took place between them for getting a bamboo tree. Counsel submits that the present petitioner is aged about 75 years, having one

Patna High Court CR. MISC. No.58551 of 2023(2) dt.20-09-2023 2/2 criminal case pending against him, in which he is on bail. He submits that injury report has been annexed in Annexure-2 series and from the said report it transpires that the injuries are simple in nature. Counsel further submits that from the FIR itself it is crystal clear that due to the said bamboo tree the dispute has arisen between the agnates. He further submits that neither the petitioner's side nor the informant's side are criminals but only with a view to grab the said bamboo tree the dispute took place.

5. Learned APP for the State opposes the prayer for bail but admits that from the injury it transpires that injuries are simple in nature.

6. In the present facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - VI, Supaul, in connection with Pipra P. S. Case No.56 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ashishsingh/- U T