Chandrashekhara Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43189 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -SABAUR District- BHAGALPUR ======================================================
1. Chandrashekhara Mandal, Son of Kamdeo Mandal,
2. Kamdeo Mandal, Son of Late Dukhi Mandal, Both are Resident of Village- Simro, Police Station- Sabour, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Sabour P.S. Case No. 17/2018, instituted for the offences punishable under Sections 341, 323, 436, 427, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that both parties are descendants of common ancestor of one Dukhi Mandal. There is civil dispute between the parties for passage and a proceeding under Section 147 Cr.P.C. is also pending. In the instant case, there is allegation against these petitioners that they set on fire the informant's poultry farm.
Case diary has been received in this case. From para
Patna High Court Cr.Misc. No.43189 of 2018 (3) dt.09-08-2018 2/2 4 of the case diary, it appears that there is no mention that any serious loss was caused to the informant by fire. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sabour P.S. Case No. 17/2018, they shall be released on anticipatory 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 learned A.C.J.M. Xth, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J.)