Ram Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76764 of 2018 Arising Out of PS. Case No.-401 Year-2018 Thana- BANKA District- Banka ====================================================== 1.

Ram Mandal, Son of Late Bhumeshwar Mandal 2.

Bajrangi Kumar, Son of Ram Mandal 3.

Chintoo Kumar @ Chintu, Son of Ram Mandal 4.

Nilam Devi, Wife of Ram Mandal, All are Resident of Village-Lakara,P.S. Barahat,Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Banka (Barahat) P.S. Case No. 401 of 2018 registered under Sections 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that all petitioners named in the F.I.R came at the door of the informant, Rajan Kumar Mandal, and started to abuse. When the informant made protest then Chintu Kumar (petitioner no. 3) gave axe blow at his head and Bajrangi Kumar (petitioner no. 2) caught hold his both hands. In

Patna High Court CR. MISC. No.76764 of 2018(4) dt.30-04-2019 2/2 the meantime, Nilam Devi (petitioner no. 4) took out the knife and tried to cut the informant. When father of the informant rushed to save him then his father was also assaulted by Ram Mandal (petitioner no.1) through iron rod.

Learned counsel for the petitioners submits that due to land dispute, occurrence took place, in which, petitioners' side sustained injury. Moreover, the injuries, as found on the person of the informant and his father, are simple in nature and petitioners have no criminal antecedent.

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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Banka (Barahat) P.S. Case No. 401 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T