Lakhan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57511 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- PRATAPGANJ District- Supaul ====================================================== 1.
LAKHAN MANDAL Son of Late Kanti Mandal Resident of Bhawanipur Uttar, P.S.- Pratapganj, District- Supaul.
2.
Gopi Mandal @ Navin Kumar Mandal Son of Baijnath Mandal Resident of Bhawanipur Uttar, P.S.- Pratapganj, District- Supaul. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mrs.Patla Kumari For the Opposite Party/s :
Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Pratapganj P.S. Case No. 155 of 2018 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
It transpires from the First Information Report that allegedly the persons, named in the First Information Report, were engaged in construction of a house over the land belonging to the informant and when it was protested against, the informant and his family were assaulted.
Learned counsel appearing on behalf of the petitioners contends that for the same occurrence alleged to have taken place on 22.12.2018, a counter case has been
Patna High Court CR. MISC. No.57511 of 2019(2) dt.13-09-2019 2/2 registered being Pratapganj P.S. Case No.156 of 2018. Considering the genesis of the occurrence and the nature of accusation and submissions advanced on behalf of the allegation, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on 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., Birpur, district-Supaul, in Pratapganj P.S. Case No. 155 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T