Umesh Mandal @ Umesh Kumar @ Umesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61289 of 2022 Arising Out of PS. Case No.-159 Year-2021 Thana- BISFI District- Madhubani ====================================================== 1.
UMESH MANDAL @ UMESH KUMAR @ UMESH Son of Mahakant Mandal R/V- Bisfi, P.S- Bisfi, Dist- Madhubani 2.
Ramesh Mandal Son of Mahakant Mandal R/V- Bisfi, P.S- Bisfi, DistMadhubani 3.
Mahakant Mandal Son of Late Makhan Mandal R/V- Bisfi, P.S- Bisfi, DistMadhubani 4.
Kishundeo Mandal Son of Mahakant Mandal R/V- Bisfi, P.S- Bisfi, DistMadhubani 5.
Dinesh Mandal @ Dinesh Kumar Son of Mahakant Mandal R/V- Bisfi, P.SBisfi, Dist- Madhubani 6.
Prem Shila Devi Wife of Mahakant Mandal R/V- Bisfi, P.S- Bisfi, DistMadhubani 7.
Rina Devi Daughter of Mahakant Mandal R/V- Bisfi, P.S- Bisfi, DistMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav, Adv.
Mr.Ravi Prakash, Adv.
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 504, 34 of the IPC.
Allegedly, on the instruction of one Saligram Yadav, the
Patna High Court CR. MISC. No.61289 of 2022(2) dt.10-01-2023 2/3 FIR named accused persons including the petitioners assaulted the informant and his family members by means of various weapons.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Alok Yadav, who assaulted Santosh Yadav by means of farsa, due to which he sustained grievous injury, which is also clear from the impugned order. It is further submitted that for the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, 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.
Patna High Court CR. MISC. No.61289 of 2022(2) dt.10-01-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bisfi P.S. Case No.159 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T