Bedanand Mandal @ Baidanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84189 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== Bedanand Mandal @ Baidanand Mandal Son of Brahm Narayan Mandal Resident of village- Baghua, PS -Mirganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Mirganj P.S. Case No. 217 of 2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 120, 354, 379, 385 & 34 of the Indian Penal Code. Subsequently, Section 302 of the IPC was added. 3.

As per prosecution case, the informant alleged that all the accused persons due to enmity brutally assaulted her husband when he had gone to see his agricultural land along with his retarded son and snatched Rs. 5,000/- and a mobile phone.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.84189 of 2024(3) dt.24-01-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. It is submitted that parties are angnates and there is previous land dispute between them. No incriminating article has been recovered from the possession of the petitioner. Learned counsel for the petitioner fervently submits that police after completion of investigation, submitted final form against the petitioner on 30-04-2024 (Annexure-P/2), but differing with the final form submitted by the police, the Court below took cognizance against the petitioner. Other co-accused has been granted regular by this Court vide order dated 07-05-2024, passed in Cr. Misc. No. 35171 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that injured himself has alleged the complicity of the petitioner, who later succumbed to the injuries. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.84189 of 2024(3) dt.24-01-2025 3/3 anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mirganj P.S. Case No. 217 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T