Patna High Court - Orders
Sanjay Mandal @ Saroj Kumar vs The State Of Bihar on 14 July, 2023
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29074 of 2023
Arising Out of PS. Case No.-90 Year-2019 Thana- KIUL District- Lakhisarai
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Sanjay Mandal @ Saroj Kumar, S/O Gulabi Mandal, R/O Ramsir, P.S- Kiul,
Distt.- Lakhisarai, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Udbhav, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 14-07-2023Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Kiul P.S. Case No. 90 of 2019 registered for the alleged offences under Sections 341, 323, 354(B), 379, 504/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner and other co- accused persons came to the land on which the informant was planting paddy crop and they assaulted the informant with 'lathi' and 'paina'. When the father of the informant tried to save him, co-accused Ajay Mandal gave him 'lathi' blow on his head causing injury on his head. When the wife of the informant tried to save him, co-accused Vishwanath Mandal gave her 'lathi' blow on her head causing injury on her head. Allegation against Patna High Court CR. MISC. No.29074 of 2023(2) dt.14-07-2023 2/4 the petitioner is that he tore the blouse of the wife of the informant and snatched her gold chain worth Rs.35 thousand.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. During investigation, the petitioner was given the benefit of Section 41(A) Cr.P.C. by the police. But after investigation, the police submitted charge sheet against the petitioner on 18.03.2020 and the learned Chief Judicial Magistrate, Lakhisarai took cognizance against the petitioner and other co- accused persons for the offences under Sections 341, 323, 354(B), 379, 504/34 IPC. The petitioner is under apprehension that he might be taken into custody. The learned counsel further submits that in the same occurrence, the father of the petitioner was assaulted by the informant's side, who were variously armed and they wanted to capture the land of the petitioner, which was objected by the father of the petitioner. For that occurrence, the father of the petitioner lodged Kiul P.S. Case No.91 of 2019 against the informant and others. In order to save their skin, the present case has been lodged by the informant's side. The falsity of the present case is evident from the fact that during investigation, the Investigating Officer went to inspect the place of occurrence, but he did not mention the field of Patna High Court CR. MISC. No.29074 of 2023(2) dt.14-07-2023 3/4 Degan Mandal which the informant has mentioned in the written report where he was planting paddy. Further, no motive has been attributed for the occurrence against the petitioner and other accused persons. Moreover, the allegation against the petitioner is that of tearing the blouse, but no such blouse was produced during investigation. The learned counsel further submits that moreover, there is Probate Suit No.08/2019 and Title Suit No.139/2022 pending in between the parties. The learned counsel further submits that there is no allegation of assault against the petitioner.
5. Learned APP opposes the prayer for anticipatory bail submitting that there is specific allegation against the petitioner for tearing the blouse of the wife of the informant and snatching her gold chain.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and also considering the pendency of probate suit and title suit between the parties and chances of false implication, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with Patna High Court CR. MISC. No.29074 of 2023(2) dt.14-07-2023 4/4 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Kiul P.S. Case No. 90 of 2019, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) V.K.Pandey/-
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