Patna High CourtCR. MISC./72330/2022allowed

Nunulal Roy v. The State Of Bihar

2023-04-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72330 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== 1.

Nunulal Roy Son Of Late Subodh Roy R/O Village- Sijhuwa, Ward No.13, P.S.- Kursakanta, District- Araria 2.

Ramam Kumar Mandal Son Of Manoj Mandal R/O Village- Sijhuwa, Ward No.13, P.S.- Kursakanta, District- Araria 3.

Keshav Mandal @ Keshav Kumar Mandal Son Of Manoj Mandal R/O Village- Sijhuwa, Ward No.13, P.S.- Kursakanta, District- Araria 4.

Pinki Devi Wife Of Manoj Mandal R/O Village- Sijhuwa, Ward No.13, P.S.- Kursakanta, District- Araria 5.

Pariya Devi @ Parwati Devi Wife Of Late Baidhnath Mandal R/O VillageSijhuwa, Ward No.13, P.S.- Kursakanta, District- Araria 6.

Naresh Mandal Son Of Late Pandelal Mandal R/O Village- Sonapur, P.S.- Kursakanta, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Kursakanta P.S. Case No. 126 of 2022 registered for the offences punishable under Sections 147, 149, 302, 504 and 506 the Indian Penal Code.

As per the FIR, petitioners and co-accused person armed with deadly weapon came and co-accused Pramod Mandal assaulted the informant's father with sharp edge weapon and three nut fire arm causing his father death.

Patna High Court CR. MISC. No.72330 of 2022(2) dt.21-04-2023 2/2 Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that there is no specific over act has been attributed against the petitioner and there is general and omnibus allegation levelled against the petitioners. It is further submitted that petitioners are only member of unlawful assembly and the specific allegation is against Pramod Mandal. It is further submitted that there is admitted land dispute between the parties. It is further submitted that petitioners have clean antecedent as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Araria in Kursakanta P.S. Case No. 126 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. N.