Mahesh Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Pramod Kumar Yadav, Advocate Mr. Sanjay Kumar Singh, APP ORAL ORDER 2 20-09-2023 Heard Mr. Pramod Kumar Yadav, learned counsel appearing on behalf of the petitioners and the learned APP for the State.

#2. The petitioners are apprehending their arrest in connection with Andharamath P.S. Case No. 13 of 2020 Patna High Court CR. MISC. No.54412 of 2023(2) dt.20-09-2023 registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.

#3. Allegedly while the accused persons were forcibly fishing in the pond of the informant, he objected for the same, whereupon the accused Dukhi Lal Mandal (petitioner no.2) started abusing him. It is further alleged that accused Mahesh Mandal (petitioner no.1) assaulted by means of stick over his head, due to which he sustained head injury. It is also alleged that the other accused persons assaulted the other family members of the informant, who also sustained serious injuries.

#4. Learned counsel appearing on behalf of the petitioners submits that from the F.I.R. it is evident that there is a dispute with regard to the pond, in which persons of both sides are claiming their title. He next submitted that admittedly the occurrence took place on 17.01.2020, whereas the present F.I.R. has been instituted on 09.02.2020, after a delay of more than 23 days without giving any explanation for the same. He next submits that so far the allegation made against petitioner no.1 of assaulting the informant, Gudar Mandal and Raj Kumar Mandal is concerned, the injuries sustained to them have been found to be simple in nature, except one, the opinion of which is still reserved. He next submits that the allegation made against Patna High Court CR. MISC. No.54412 of 2023(2) dt.20-09-2023 petitioner nos. 2 to 8 is general and omnibus. Moreover, there is a counter version of the present case, being Andharamath P.S. Case No. 09 of 2020, instituted by petitioner no.2. He next submits that the persons of both the sides are Gotias and there is admitted land dispute. The petitioner nos.1 and 4 to 8 have no criminal antecedent, whereas petitioner nos. 2 and 3 are carrying one criminal antecedent.

#5. On the other hand, learned APP for the State opposes the bail application and submits that the injuries have been found to be serious in nature, the opinion of which is still reserve.

#7. Regard being had to the submissions made on behalf of the parties and considering the case and counter case, the nature of injury and the delay in lodging of the F.I.R., let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, 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 learned Judicial Magistrate, 1st Class, Jhanjharpur (Madhubani) in connection with Andharamath P.S. Case No. 13 of 2020, subject to the condition as laid down under Section 438 Patna High Court CR. MISC. No.54412 of 2023(2) dt.20-09-2023 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners. uday/- U T (Harish Kumar, J)