Subodh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.841 of 2022 Arising Out of PS. Case No.-135 Year-2020 Thana- BAUNSI District- Banka ====================================================== 1.
SUBODH MANDAL Son of Krishna Mandal Resident of Village - Gajyadih, Police Station - Bounsi, District - Banka. 2.
LAL MOHAN MANDAL Son of Late Jagdish Mandal Resident of Village - Gajyadih, Police Station - Bounsi, District - Banka. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Adv.
For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 504, 506, 34 of the Indian Penal Code.
Allegedly, the FIR named accused persons including the petitioners have abused and assaulted the informant and his
Patna High Court CR. MISC. No.841 of 2022(2) dt.27-07-2022 2/3 family members indiscriminately 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. 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. It is submitted that both sides are agntes and there is an admitted land dispute between the parties. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties, in which both sides have sustained injuries, which are simple in nature. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is a case and counter-case between the parties and the injuries are simple in nature, 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
Patna High Court CR. MISC. No.841 of 2022(2) dt.27-07-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bounsi P.S Case No. 135 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shweta/- U T