Baij Nath Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23762 of 2018 Arising Out of PS. Case No.-148 Year-2017 Thana- ROSERA District- Samastipur ======================================================
1. Baij Nath Mandal
2. Ram Nath Mandal
3. Prem Nath Mandal
4. Kripa Nath Mandal @ Kripa Nand Mandal All sons of Ram Swaroop Mandal
5. Tulai Mandal
6. Ram Swaroop Mandal Both sons of late Palaku Mandal
7. Viky Mandal, son of Baijnath Mandal.
8. Chandan Mandal, son of Baijnath Mandal
9. Raj Bihari Mandal @ Ram Bihari Mandal, son of Ram Narain Mandal All are R/o village Fatehpur, P.S. Rosera, Dist. Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Mishra For the Opposite Party/s :
Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Rosera P.S. case no. 148 of 2017 instituted for the offence under Section(s) 147,148, 149, 341, 323, 354, 379, 448, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the instant occurrence has taken place on account of land dispute which fact has been mentioned in the written report itself. In the written report, it is mentioned that the informant started
Patna High Court Cr.Misc. No.23762 of 2018(2) dt.20-04-2018 2/3 construction over his khatiyani land which was objected by the accused persons and thereafter altercation took place. There is general and omnibus allegation against these petitioners in the written report. Learned counsel for the petitioners has submitted that both the parties are close agnates.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Rosera P.S. case no. 148 of 2017, they shall 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 the learned ACJM Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) Cr.P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the
Patna High Court Cr.Misc. No.23762 of 2018(2) dt.20-04-2018 3/3 petitioners.
(Sanjay Priya, J) shyambihari/- U T