Sikandra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80381 of 2024 Arising Out of PS. Case No.-343 Year-2024 Thana- BANKA District- Banka ====================================================== 1.

Sikandra Mandal, male, aged about 44 years, Son of Jagdish Mandal, Resident of Village- Lakrikola, PS -Banka, Distt.- Banka 2.

Manorma Devi @ Manno Devi, female, aged about 40 years, wife of Sikandra Mandal, Resident of Village- Lakrikola, P.S -Banka, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Sharma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(3), 115(2), 109, 303(2), 352 and 351(2) of the B.N.S.

3. Allegation against the petitioners and other coaccused persons is to have assaulted the informant by means of iron pipe and petitioner no.2 took away the cash of Rs.2,40,000/- from the box of the informant.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He next submits that petitioner no.1and the informant are full brothers and there is dispute for measurement of lands and the counter blast of Banka P.S. Case No. 344 of 2024 lodged by the petitioner no.1 against the informant and others.

Patna High Court CR. MISC. No.80381 of 2024(3) dt.22-03-2025 2/2

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

6. On perusal of the first information report, case diary and impugned order dated 01.10.2024, it appears that no specific allegation against petitioner no.1 Sikandra Mandal and allegation against the petitioner no.2, namely, Manorma Devi @ Manno Devi for an offence under Section 303 of the BNSS for snatching the ornament of silver worth Rs.10,000/- as mentioned in the FIR, but no recovery from the conscious possession of the petitioner no.2, so I am inclined to grant anticipatory bail to the petitioners.

7. Accordingly, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Banka P.S. Case No.343 of 2024 subject to the conditions as under Section 482(2) of the B.N.S.S.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T