Bhupendra Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72243 of 2023 Arising Out of PS. Case No.-467 Year-2023 Thana- BANKA District- Banka ====================================================== 1.
Bhupendra Mandal Son Of Late Mahavir Mandal Resident Of Village - Gidhapahari, Post - Dudhari, Police Station And District - Banka 2.
Sunita Devi Wife Of Budhan Yadav Resident Of Village - Gidhapahari, Post - Dudhari, Police Station And District - Banka 3.
Bijay Yadav @ Vijay Yadav Son Of Mahendra Yadav @ Jhakhar Yadav Resident Of Village - Gidhapahari, At Present Samukhia Kali Mandir, Police Station And District - Banka ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Nurul Hoda For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 447, 148, 149, 341, 323, 302 of the IPC and Section 27 of the Arms Act.
3. The allegation against the petitioners along with others is of brutally assaulting the husband of the informant leading to his death.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. There is admitted land dispute
Patna High Court CR. MISC. No.72243 of 2023(2) dt.08-11-2023 2/2 between the parties. There is general and omnibus allegation against the petitioners and no specific overt act of assaulting against these petitioners. He submitted that the entire allegations against the petitioners are false, baseless, fabricated and concocted due to malafide intention for wrongful gain. They are languishing in judicial custody since 10.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Banka P.S. Case No. 467 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T