Sadanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67838 of 2019 Arising Out of PS. Case No.-538 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

SADANAND MANDAL Son of Rameshwar Mandal Resident of Village - Bhawanipur, Ward No.4, P.S.- Narpatganj, Distt.- Araria. 2.

Tarun Mandal Son of Rameshwar Manbdal Resident of Village - Bhawanipur, Ward No.4, P.S.- Narpatganj, Distt.- Araria. 3.

Arun Mandal Son of Rameshwar Mandal Resident of Village - Bhawanipur, Ward No.4, P.S.- Narpatganj, Distt.- 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.Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.

There is a case of land dispute between the parties for which the accused persons have killed the father of the informant after assaulting him. Specific allegation is against petitioner No.-1 that he throttled the neck of the father of the informant due to which he died.

It is submitted that the petitioners have been falsely implicated in this case and father of the informant has died a natural death after attaining the age of 70 years. Post-mortem

Patna High Court CR. MISC. No.67838 of 2019(3) dt.06-03-2020 2/2 report clearly stated that "No any external or internal injury was found on the body of the deceased". Petitioners have been dragged in this case due to ulterior motive.

Learned counsel for the State has opposed the prayer for anticipatory bail.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within a period of six weeks from today, let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in Narpatganj Police Station Case No. 538 of 2018 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Sonali/- U T