Manik Chand Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43597 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -SABAUR District- BHAGALPUR ======================================================
1. Manik Chand Mandal, S/o late Sardhari Mandal
2. Sunil Mandal, S/o Manikchand Mandal Both are R/o Vill. Nadiyama, P.S. Goradih, District-Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sabour (Goradih) P.S. Case No. 27 of 2016 registered under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code.
The accusation is that six persons named in the F.I.R., including the petitioners, were present at the door of informant Bhola Mandal, when he went to attend the call of nature in the morning on 13.02.2016. In that course, Sheela Devi ordered his son to kill him. Thereafter, Subodh Mandal and petitioners chased the informant, having Lathi, Bhala and Garasa in their hand and Sunil Mandal gave Garasa blow on his head then Yasoda
Patna High Court Cr.Misc. No.43597 of 2016 (2) dt.18-10-2016 2/2 Devi rushed to save him, but she was also assaulted by Manik Chandra Mandal, who gave Bhala blow on her head, on account of which she fell down. When Sweta Kumari and Monika Kumari came to save her then Subodh Mandal, Sheela Devi and Indu Devi assaulted them with Garasa on their head. The reason behind the occurrence was land dispute.
Learned counsel appearing on behalf of the petitioners submits that admittedly, the occurrence took place due to land dispute. Moreover, the injuries, as found on the person of the informant and others, are simple in nature and petitioners have no criminal antecedent.
Having considered the facts and circumstances of the case, let the above named petitioners 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 the A.C.J.M., Bhagalpur in connection with Sabour (Goradih) P.S. Case No. 27 of 2016 and G.R. No. 548 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T