Kranti Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83064 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.
Kranti Mandal Son Of Late Khato Mandal Resident Of Village - Tajpur Deoghara Kali Sthan, P.S. - Mednichowk, District - Lakhisarai 2.
Kundan Mandal @ Kundan Kumar Son Of Kranti Mandal Resident Of Village - Tajpur Deoghara Kali Sthan, P.S. - Mednichowk, District - Lakhisarai 3.
Manish Mandal @ Manish Kumar Son Of Kranti Mandal Resident Of Village - Tajpur Deoghara Kali Sthan, P.S. - Mednichowk, District - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan, Adv.
For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Medni Chowki PS Case No. 147 of 2022 dated 09-11-2022, instituted for the offence punishable under Sections 341, 323, 324, 379, 448, 354, 506 and 34 ofthe Indian Penal Code.
3. As per allegation in the First Information Report (for brevity 'FIR'), petitioners assaulted the son of informant
Patna High Court CR. MISC. No.83064 of 2023(2) dt.10-01-2024 2/3 by means of iron rod and lathi and they also snatched a sum of Rs. 4,000/- and a gold chain. They also misbehaved with the female members of the informant's house and threatened them with dire consequence.
4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in this case. Due to land dispute between the parties, the present case has been lodged. It is further submitted that except Section 379 of the IPC all Sections are bailable. There is no material on record to substantiate the allegation of theft. Petitioner No.1 is father of petitioner nos. 2 and 3. It is next submitted that there is no specific allegation of assault attributed against the petitioners and the entire allegation are ornamental, general and omnibus in nature. There is no criminal antecedents against the petitioners, as per disclosure made in para 3 of the bail petition.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Lakhisarai, in Medni Chowki PS Case No. 147 of 2022, subject to the
Patna High Court CR. MISC. No.83064 of 2023(2) dt.10-01-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U