Amarjit Mandal @ Amarjeet Mandal vs The State Of Bihar on 17 March, 2021

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Patna High Court - Orders

Amarjit Mandal @ Amarjeet Mandal vs The State Of Bihar on 17 March, 2021

Bench: Rajendra Kumar Mishra

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.34602 of 2020
                     Arising Out of PS. Case No.-48 Year-2020 Thana- HATHAURI District- Samastipur
                 ======================================================
           1.     AMARJIT MANDAL @ AMARJEET MANDAL, Son of Ram Das Mandal,
                  Resident of Village- Parsa, P.S.- Hathauri, District- Samastipur
           2.    Ram Nihor Mandal, Son of Late Buchay Mandal, Resident of Village- Parsa,
                 P.S.- Hathauri, District- Samastipur
           3.    Rita Devi, Wife of Ram Nihor Mandal, Resident of Village- Parsa, P.S.-
                 Hathauri, District- Samastipur
           4.    Krishna Kumari @ Krishna Devi, Wife of Suvash Mandal, Resident of
                 Village- Parsa, P.S.- Hathauri, District- Samastipur
           5.    Ram Das Mandal, Son of Late Jagdeo Mandal, Resident of Village- Parsa,
                 P.S.- Hathauri, District- Samastipur
           6.    Ranjit Mandal @ Ranjeet Mandal, Son of Ram Das Mandal, Resident of
                 Village- Parsa, P.S.- Hathauri, District- Samastipur
           7.    Kailash Mandal @ Kailash Kumar, Son of Suresh Mandal, Resident of
                 Village- Parsa, P.S.- Hathauri, District- Samastipur
           8.     Pramod Kumar @ Pramod Mandal, Son of Ram Das Mandal, Resident of
                  Village- Parsa, P.S.- Hathauri, District- Samastipur ... Petitioners
                                                       Versus
                 The State of Bihar                                     ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners    :         Mr. Ashok Kumar Mishra, Adv.
                 For the Opposite Party :         Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                       ORAL ORDER

2   17-03-2021

As prayed for, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide it's note, dated 11.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state through video conferencing.

The petitioners seek pre-arrest bail in connection with Hathauri P.S. Case No. 48 of 2020, registered under Sections 147, 307, 323, 324, 325, 337, 341, 354, 379, 447 and 448 of the Indian Penal Code.

Patna High Court CR. MISC. No.34602 of 2020(2) dt.17-03-2021 2/3 The accusation is that in the morning of 30.03.2020, informant, Ram Kinkal Mandal, was cleaning the back portion of his house, at that time, eleven persons, named in the first information report, including the eights petitioners, came there, having brick, farsa and hammer in their hands, and asked to stop the cleaning of the back portion of the house claiming that the land belongs to them. When the informant made protest, then, Raushan Kumar pelted the brick in which his teeth got broken. When his family members, Shyam Mandal, Kamal Mandal and Braj Kishore Mandal, rushed to save him, then, Subhash Mandal caused injury at the left hand of Shyam Mandal, Ram Nohor Mandal (petitioner no. 2) caused injury by pelting brick at his chest, Kailash Mandal (petitioner no. 7) attacked through farsa at the head of Fuleshwari Devi, sister-in-law of the informant, then, informant and others fled away from there. At that time, the accused persons chased the informant and others and entered in his house and damaged the house hold articles and picked-up the radio, wrist watch and cash of Rs.5300/-.

Submission is that due to land dispute occurrence of marpeet took place in which petitioners' side also sustained injury, regarding which Hathauri P.S. Case No. 45 of 2020 is also instituted on the basis of the fardbeyan of Ram Nihor Patna High Court CR. MISC. No.34602 of 2020(2) dt.17-03-2021 3/3 Mandal (petitioner no. 2). More so, injuries as found on the persons of the informant and others are simple in nature while it is alleged in the first information report that Fuleshwari Devi, sister-in-law of the informant was assaulted through farsa by Kailash Mandal (petitioner no. 7), but, it would appear from her injury report (Annexure 3) that three injuries were found on her person, which were simple in nature caused by hard and blunt substance. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Hathauri P.S. Case No. 48 of 2020 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kldip Srivastava, Judicial Magistrate, 1st Class, Rosera, Samastipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/-

U     T

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Patna High Court - Orders