Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66169 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

Raj Kumar Mandal Son of Jagat Mandal R/V- Narayanpur, Ward No. 8, P.S.- Raghopur, District- Supaul 2.

Rajesh Mandal @ Rajesh Kumar Son of Surendra Mukhiya @ Thakur Mukhiya R/V- Narayanpur, Ward No. 8, P.S.- Raghopur, District- Supaul 3.

Surendra Mukhiya @ Thakur Mukhiya Son of Late Sukhdeo Mukhiya R/VNarayanpur, Ward No. 8, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari, Advocate.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard the parties.

2. The petitioners seek pre-arrest bail in connection with Bhuptiahi P.S. Case No. 31 of 2022 registered for the offence punishable under Sections 148, 149, 341, 323, 353 and 307 of the Indian Penal Code.

3. Prosecution story, in brief, is that the petitioners were forcibly constructing house on the disputed land and when the informant along with police party reached there and forbade them from constructing house, the accused persons attacked on the police party, as a result of which, the police party got injured. The accused persons also tried to snatch arms from them.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.66169 of 2022(2) dt.17-05-2023 2/2 petitioners submitted that there is land dispute with respect to the concerned plot on which allegation against the petitioners is that they were constructing house. It is further submitted that the parties engaged in fierce fight and in course of the said fight, either side sustained injury. No specific allegation has been levelled against the petitioners. The injury sustained by the informant is simple in nature.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul in connection with Bhuptiahi P.S. Case No. 31 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T