Bikash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2730 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
BIKASH MANDAL Son of Late Shiv Narayan Mandal R/o vill - Mankahi, ward no. 11, P.S. - Murliganj, Distt. - Madhepura 2.
Ganesh Mandal @ Gupesh Mandal Son of Late Shiv Narayan Mandal R/o vill - Mankahi, ward no. 11, P.S. - Murliganj, Distt. - Madhepura 3.
Bijendra Mandal Son of Late Narayan Mandal R/o vill - Mankahi, ward no. 11, P.S. - Murliganj, Distt. - Madhepura 4.
Nandan Mandal @ Nandan Kumar Mandal Son of Vijendra Mandal R/o vill - Mankahi ward no. 11, P.S. - Murliganj, Distt. - Madhepura 5.
Raj Kishore Mandal Son of Pannalal Mandal R/o vill - Morkahi, ward no. 11, P.S. - Murliganj, Distt. - Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad , Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 324, 379, 447, 307, 354-A, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case , on 23.04.2023 at about 11:30 Am, all the accused persons along with other coaccused persons were forcibly constructing the house over the
Patna High Court CR. MISC. No.2730 of 2024(2) dt.31-01-2024 2/3 land of informant and when informant objected, all the accused persons along with other co-accused persons assaulted the informant and his family members.
4. It is submitted on behalf of the petitioners that both the parties are closed door neighbour and due to petty dispute, a simple occurrence of maarpeet took place between them in which both sides sustained injury . Prior to the present case petitioner No. 1 has also lodged a complaint case No. 163 of 2022 before the Chief Judicial Magistrate , Madhepura on 13.04.2022 against the informant's side alleging therein that informant's side burnt the residential house of the petitioners by putting Kerosene oil. However, learned counsel for the petitioner, lastly submits that in the present case injury caused by these petitioners are found to be simple in nature . Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the nature of injury and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2730 of 2024(2) dt.31-01-2024 3/3 satisfaction of the learned Judicial Magistrate , 1st Class, Madhepura in connection with Murliganj P.S. Case No. 162 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T