BAIL APPLICATION 464 of 2023 on 26 December 2023

1. Amarjeet Kumar Pal @ Amarjeet Pal S/O Late Raj Kumar Raut R/OVillage- Chandchaur Mathurapur, P.S- Ujiyarpur, Dist.- Samastipur.Village- Chandchaur Mathurapur, P.S- Ujiyarpur, Dist.- Samastipur.

2. Lalan Pal @ Laalan Pal S/O Rajendra Pal R/O Village- ChandchaurMathurapur, P.S- Ujiyarpur, Dist.- Samastipur.Mathurapur, P.S- Ujiyarpur, Dist.- Samastipur.

3. Shiv Prasad Gopal S/O Sagar Raut R/O Village- Chandchaur Mathurapur,P.S- Ujiyarpur, Dist.- Samastipur.P.S- Ujiyarpur, Dist.- Samastipur.

4. Manjay Mahto @ Manjay Kumar S/O Gaya Mahto R/O Village-Chandchaur Mathurapur, P.S- Ujiyarpur, Dist.- Samastipur.Chandchaur Mathurapur, P.S- Ujiyarpur, Dist.- Samastipur.

... ... petitioners/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================Appearance :For the petitioners/s: Mr. Mritunjay Kumar, Adv.For the Opposite Party/s : Mr. Umeshanand Pandit, APP======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROYORAL ORDER

16-10-2025

Learned counsel for the petitioners submits that the petitioner no. 2, Lalan Pal stands arrested and as such, he maybe permitted to withdraw the relief sought for him.

2. Accordingly, so far as the petitioner no. 2, Lalan Palis concerned, his anticipatory bail application stands rejected.

3. Heard learned Counsel for the petitioners andlearned APP for the State.

4. The petitioners apprehend their arrest in connectionwith Ujiyarpur P.S. Case No. 464 of 2023 for the offenceregistered under sections 147, 148, 149, 323, 324, 307, 354B, 379, 504, 506 of the IPC lodged on 26.12.2023 by theinformant, Anil Kumar Pal.

5. As per the prosecution story, the informant alleged that due to land dispute, the accused persons assembled andassaulted the informant’s side. The allegation(s) is/are asfollows:

(i) Jung Bahadur Pal- informant- farsa- head;

(ii) Rakesh Pal- Suraj Kumar- khanti- head;

(iii) Rajkumar Pal- informant- rod- hand;

(iv) Manjay Mahto- Ankesh Kumar- lathi- mouth/lips;

(v) Lalan Pal- Ankesh Kumar- lathi- assault’

(vi) Amarjeet Pal- Vikash Kumar- stomach;

(vii) Shiv Shankar Raut and Digvijay Pal- Sunil Pal-stomach.

6. The further allegation is against Shiv Gopal ofsnatching the gold chain of Deepak. They were shifted to thehospital and then the FIR.

7. Learned Counsel for the petitioners submits that a perusal of the FIR would show that main role has been assigned to Jung Bahadur Pal, Rakesh Pal as also Rajkumar Pal ofassaulting the informant/son whose injuries have been found tobe simple in nature. So far as the role of these petitioners areconcerned, though allegation of assault is there, no injury reportis on record.

8. Learned APP for the State, on the other hand,opposes the prayer for anticipatory bail submitting that all ofthem with common intention have assaulted the informant/son.

9. Taking into account the submissions of the partiesas also that the main role has been assigned to Jung BahadurPal, Rakesh Pal and Rajkumar Pal, these petitionerss have nocriminal antecedent nor injury report is on record, in thatbackground, this Court is inclined to grant them the anticipatorybail with conditions.

7. Let the petitioners in the event of arrest orsurrender within a period of four weeks from the date of receiptof the order, shall be released on anticipatory bail on furnishingbail of Rs. 10,000/- (ten thousand) each with two sureties of thelike amount each to the satisfaction of the learned S.D.J.M.,Dalsingsarai, Samastipur in connection with Ujiyarpur P.S. CaseNo. 464 of 2023 subject to condition as laid down underSection 438(2) of the Cr.P.C.

(i) one of the bailor should be the familymembers/relatives of the petitioners, who shall provide officialdocument to show their bona fide;

(ii) the petitioners shall appear on each and every datebefore the Trial court and failure to do so for two consecutive Vijay Singh/- U

T

dates without plausible reason will entail cancellation of theirbail bond by the Trial court itself;

(iii) the petitioners shall appear before the concernedpolice station every fortnight for next six months to markattendance and at the end of the period, the certificate besubmitted to the Court;

(iv) the petitioners shall in no way try to induce orpromise or threat the witnesses or tamper with the evidences,failing which the State shall be at liberty to take steps forcancellation of the bail bonds;

(v) the petitioners shall desist from committing anycriminal offence again failing which the State shall be at libertyto take steps for cancellation of the bail bonds.

(Rajiv Roy, J)