Sunil Mandal @ Sunil Kr. Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21979 of 2018 Arising Out of P.S.Case No. -60 Year- 2018 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sunil Mandal @ Sunil Kr. Mandal, Son of Dayanand Mandal,

2. Nawal Mandal, Son of Dayanand Mandal,

3. Shivan Mandal, Son of Farehi Mandal, All are Resident of VillageAurahi, P.S.-Araria,

4. Sumrit Mandal @ Sumrit Lal Mandal, Son of Mangan Mandal,

5. Manish Kumar, Son of Samrit Mandal, Both are Resident of VillageChouri Tola Aurahi, P.S.-Simraha,

6. Mahesh Mandal @ Mahesh Lal Mandal S/o Late Doman Mandal, Resident of Village-Bansbari, Mohanpur, P.S.-Araria all are Dist-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.

The petitioners apprehend arrest in connection with Forbesganj P.S.Case No.60 of 2018 registered for an offence under Sections 379 and other Sections of the IPC. The learned counsel for the petitioners submits that on account of land dispute the occurrence of assault took place between the parties. The allegation of assault by iron rod on the head is against Dayanand Mandal who has been allowed anticipatory bail by one of the coordinate Bench of this Court in Cr.Misc.No.23529 of 2018. The allegation against this petitioners is omnibus.

Patna High Court Cr.Misc. No.21979 of 2018 (2) dt.26-04-2018 2/2 The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Araria in connection with Forbesganj (Simraha) P.S.Case No.60 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T