IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85436 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- JANKINAGAR District- Purnia ====================================================== 1. Kundan Mandal S/O Dhaneshwar Mandal R/O Village- Bhangaha Tula, Ward No. 04, Barhara kothi, Distt.- Purnea. 2. Sajan Mandal S/O Dhaneshwar Mandal R/O Village- Bhangaha Tula, Ward No. 04, Barhara kothi, Distt.- Purnea. 3. Anju Mandal S/O Dhaneshwar Mandal R/O Village- Bhangaha Tula, Ward No. 04, Barhara kothi, Distt.- Purnea. 4. Dhaneshwar Mandal S/O Sani Mandal R/O Village- Bhangaha Tula, Ward No. 04, Barhara kothi, Distt.- Purnea. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 06-05-2025 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Janki Nagar P.S. Case no.124 of 2023 registered under Sections 307, 447, 341, 323, 324, 504, 354, 379, 506 and 34 of the Indian Penal Code. 3. The instant application on behalf of petitioner no. 3 Anju Mandal has been withdrawn vide order dated 18.01.2025. 4. The allegation in the F.I.R is that the petitioners along with other co-accused persons were forcibly cutting mango tree which was resisted by the informant and upon such Patna High Court CR. MISC. No.85436 of 2024(3) dt.06-05-2025 2/3 resistance, the petitioners along with others started assaulting the informant as also his husband by means of kicks, fists, slaps and iron rod due to which husband of the informant sustained injury. 5. Learned counsel for the petitioners submit that the petitioners have been falsely implicated in the case. There is general and omnibus allegation levelled in the F.I.R against as many as eight persons and no specific overt act has been attributed to the petitioners. The incident took place on 11.06.2023 and the F.I.R was lodged on 14.06.2023 i.e., after a lapse of three days which shows that the name of the petitioners has been dragged in the present case after due thought and deliberation. The allegation upon petitioners is of assaulting the informant’s husband and the injury report of the same which is a part of the case diary would go to show that the same is simple in nature caused by hard and blunt substance. Learned counsel for the petitioners further submits that similarly situated co- accused Chandra Sekhar has been granted privilege of anticipatory bail by this Court vide order dated 29.11.2024 passed in Cr. Misc. No. 27015 of 2024. The petitioners undertake to co-operate in the case/trial. 6. The application for anticipatory bail is opposed by Patna High Court CR. MISC. No.85436 of 2024(3) dt.06-05-2025 3/3 learned A.P.P. for the State. 7. In view of the entire facts and circumstances of the case, it is directed that the petitioners, namely, Kundan Mandal, Sajan Mandal and Dhaneshwar Mandal in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Janki Nagar P.S. Case no.124 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Purnea, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. Harsh/- (Soni Shrivastava, J) U T