Patna High CourtCR. MISC./34659/2017disposed

Uday Mandal And ORS v. The State Of Bihar

2017-09-07Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34659 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -AKBARNAGAR District- BHAGALPUR ======================================================

1. Uday Mandal, son of Dinesh Mandal.

2. Navin Mandal, son of Dinesh Mandal.

3. Gopal Mandal @ Gopal, son of Dinesh Mandal.

4. Nepal Mandal, son of Dinesh Mandal, All are Resident of VillageMirjapur, P.S. Nathnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Akbarnagar P.S. Case No. 28 of 2017 registered under Sections 323, 307 and 452/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that there is general and omnibus allegation against the petitioners. They have falsely been implicated in this case due to land dispute. It is also submitted that the injury report does not support the manner of allegation.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner no. 2 with submission that

Patna High Court Cr.Misc. No.34659 of 2017 (3) dt.07-09-2017 2/2 there is direct allegation of assault by means of Axe upon the petitioner no. 2. Hence, he does not deserve anticipatory bail. Having considered the facts and circumstances of the case, prayer of the petitioner no. 2, Navin Mandal is rejected and as far as rest petitioners are concern, their prayer for bail is allowed.

Let the above named petitioner nos. 1, 3 and 4 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Bhagalpur in connection with Akbarnagar P.S. Case No. 28 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T