Jagdish Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42081 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -BARSOI District- KATIHAR ======================================================

1. Jagdish Mandal

2. Pradeep Mandal Both sons Of Late Sujani Mandal

3. Ashok Mandal Son of Jagdish Mandal All resident of village-Hariharpur P.S. Harischandrapur, District- Malda (West bengal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Barsoi Police Station Case No. 54 of 2016, disclosing offences under Sections 420/465/467/468/ 120B/34 of the Indian Penal Code.

The petitioner nos. 1 and 2 are brothers of the informant and petitioner no. 3 is son of petitioner no. 1. It is alleged against them in the complaint petition, which is the basis for registration of the First Information Report under Section 156(3) of the Code of Criminal Procedure, 1973, that they executed a sale deed with respect to land, which fell in the share of the informant.

Patna High Court Cr.Misc. No.42081 of 2016 (2) dt.03-10-2016 2/2 Learned Counsel for the petitioners has submitted that civil dispute between the parties is the apparent reason for lodging of the complaint petition and registration of the First Information Report. Considering the nature of allegation, this application is allowed.

Let the petitioners, namely, Jagdish Mandal, Pradeep Mandal and Ashok Mandal, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Barsoi Police Station Case No. 54 of 2016, subject to the condition 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.) Prabhakar Anand/-c U √ T √