Naresh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3115 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Naresh Mandal Son of Late Lakshaman Mandal Resident of Village- Araji Khalsha, P.S.- Rupauli (Mohanpur), District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Anand, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Rupauli (Mohanpur) P.S. Case No. 161/2023 lodged on 13.06.2023 under Sections 147, 148, 149, 341, 323, 324, 307, 354B, 427, 447, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against nine named accused persons including the present petitioner alleging therein that all the accused persons variously armed with entered into the house of the informant and started assaulting the family members of the informant. It is specifically alleged against the petitioner and his son that they have attacked by garasa on the head of the informant's father as a result of which he got injured.
Patna High Court CR. MISC. No.3115 of 2024(2) dt.31-01-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that for the said date and occurrence, there is case and counter case between the parties. The petitioner's side has lodged Rupauli (Mohanpur) P.S. Case No. 162/2023 against the informant's side whereas the informant's side has lodged the present case bearing Rupauli(Mohanpur) P.S. Case No. 161/2023. There were open fight from both the sides in which injury has been caused to the both sides. The petitioner and the informant both are aganate and residing in the same village. The cause of dispute is land as one party is claiming that he sold two katha of land whereas another party started trying to capture four katha of land and it is due to this reason the scuffling took place. The petitioner is in custody since 28.08.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Purnea
Patna High Court CR. MISC. No.3115 of 2024(2) dt.31-01-2024 3/3 in connection with Rupauli (Mohanpur) P.S. Case No. 161/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T