Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82450 of 2023 Arising Out of PS. Case No.-710 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.

Manoj Mandal, Son Of Nanhk Mandal Resident Of Village- Bhusbhusia, P.S.- Sherghati, District- Gaya.

2.

Sohrai Mandal, Son Of Nanhak Mandal Resident Of Village- Bhusbhusia, P.S.- Sherghati, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Sherghati P.S. Case No. 710 of 2023, lodged on 03.07.2023 under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against seven named accused persons including the present petitioners. The allegation against one Mohrai Mandal is that he has assaulted on the head and body of the deceased and against others, there is a general and omnibus allegation.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. Counsel also submits that the criminal antecedent of the

Patna High Court CR. MISC. No.82450 of 2023(3) dt.05-03-2024 2/2 petitioners are clean and they are in custody since 05.07.2023. Counsel further submits that the cause of dispute has already narrated in the FIR which is for making the surroundings of the land which seems to be the land dispute.

5. Learned counsel for the petitioners submit that the specific allegation is against one Mohrai Mandal and not against the present petitioners. Against the present petitioners, there is general and omnibus allegation.

6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that in the post-mortem report, the injuries on the body of the deceased is the cause of death.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-1st, Sherghati, Gaya in connection with Sherghati P.S. Case No. 710 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T