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Patna High CourtCR. MISC./63011/2022bail granted

Thakur Mandal v. The State Of Bihar

2023-05-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63011 of 2022 Arising Out of PS. Case No.-238 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

THAKUR MANDAL Son of Late Mahraj Mandal R/V- Rasidpur Diyara, P.S- Nath Nagar, Dist- Bhagalpur 2.

Banarsi Devi Wife of Thakur Mandal R/V- Rasidpur Diyara, P.S- Nath Nagar, Dist- Bhagalpur 3.

Sonia Devi @ Soni Devi Wife of Deepak Mandal R/V- Rasidpur Diyara, P.S- Nath Nagar, Dist- Bhagalpur ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 506 & 120B/34 of the Indian Penal Code.

The petitioners in association of other co-accused is said to have killed the husband of the informant by resorting firing.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty

Patna High Court CR. MISC. No.63011 of 2022(2) dt.01-05-2023 2/2 village politics. As a matter of fact, the petitioners and informant are agnates and due to prior land dispute they have falsely been implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The specific overt act has been attributed against co-accused, Deepak Mandal and Arun Mandal. Petitioner no.2 is the brother and petitioner no.3 is the wife of co-accused. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nath Nagar P.S. Case No.238 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T