Shankar Mandal @ Shankar Kumar @ ... vs The State Of Bihar
2021 Latest Caselaw 2732 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.35587 of 2020
        Arising Out of PS. Case No.-245 Year-2020 Thana- DIGHA District- Patna
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Shankar Mandal @ Shankar Kumar @ Mantu, aged about 40 years (Male),

Son of Late Ram Khelawan Mandal, R/o Mohalla- Adampur Khagaul, P.S.-

Danapur, District- Patna

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the State : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Sanjay Kumar Mishra, learned counsel

for the petitioner and Mr. Satya Nand Shukla, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioner apprehends arrest in connection with

Digha PS Case No. 245 of 2020 dated 01.05.2020, instituted

under Sections 188/268/268/270/341/307/504/506 of the Indian

Penal Code and 27 of the Arms Act, 1959.

4. The allegation against the petitioner is that he, along

with others, was trying to vandalise the gate on the plot of the Patna High Court CR. MISC. No.35587 of 2020 dt.28-06-2021

informant and that of firing and hurling abuse, all being general

and omnibus in nature.

5. Learned counsel for the petitioner submitted that as

far as he is concerned, the allegation is totally false and

fabricated and in fact it is the informant who is the aggressor

and also has committed offence. It was submitted that the plot in

question which has been described in the FIR has been bought

by the petitioner through registered sale deed on 31.01.2006

from the genuine owner and since then he is in possession and,

thus, there was no occasion for the informant to go to the site

and also there cannot be any allegation if the petitioner is

dealing with his own land in whatever manner he desires. It was

submitted that the informant has very cleverly not disclosed the

name of the person from whom he has got agreement for sale

and whether that person is the rightful owner and, in fact, the

informant is a land grabber and has tried to file this criminal

case in order to coerce the petitioner into giving the land in

question to the informant.

6. Learned APP submitted that there is allegation

against the petitioner of firing and abuse. However, it was not

controverted that the allegation is general and omnibus without

there being any injury caused to any side. Further, in view of the Patna High Court CR. MISC. No.35587 of 2020 dt.28-06-2021

registered sale deed, copy of which has been brought on record

by way of Annexure-2 to the present application, learned APP

fairly submitted that the allegation raises serious doubts about

its authenticity.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Sub-Divisional Judicial Magistrate, Patna in Digha

PS Case No. 245 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioner, and (ii) that the petitioner shall cooperate with the

Court and the police/prosecution. Failure to cooperate shall lead

to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.35587 of 2020 dt.28-06-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T