IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.868 of 2023 Arising Out of PS. Case No.-151 Year-2016 Thana- KURSAILA District- Katihar ======================================================

1. Nepali Mandal S/o Nand Kishore Mandal R/o Village- Baghmara Gram, Ps.

Kursela, Dist. Katihar

2. Nand Kishore Mandal S/o Late Bauku Mandal R/o Village- Baghmara Gram, Ps. Kursela, Dist. Katihar ... ... Appellant/s Versus The State of Bihar. ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Bijendra Kumar Singh, Advocate.

For the Respondent/s : Mr. Abhimanyu Sharma, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA)

10 13-02-2026 Re:- I.A. No.01 of 2024 Heard Mr. Bijendra Kumar Singh, learned counsel for the appellants and Mr. Abhimanyu Sharma, learned A.P.P for the Respondent-State.

2. This appeal has been filed on behalf of the appellants under Sections 374(2) and 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Code”) against the judgment of conviction dated 18.07.2023 and order of sentence dated 22.07.2023 rendered by the learned Additional Sessions Judge-III, Katihar in Sessions Case No.181 of 2017, arising out of Kursela P.S. Case No.151 of 2016 whereby, appellants have been convicted for the offence punishable under Section 504 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000/- each, in default of payment of fine, they shall have to further undergo simple imprisonment for two months. Further, the appellants have to undergo rigorous imprisonment for one year and fine of Rs.1,000/- each for the offence punishable under Section 506 of the Indian Penal Code and, in default of payment of fine, they shall have to further undergo imprisonment for two months. Further, appellants have to undergo Imprisonment for life and fine of Rs.5,000/- each for the offence punishable under Section 302/34 of the Indian Penal Code and, in default of payment of fine, they shall have to further undergo simple imprisonment for nine months. Further, Appellant No.1, Nepali Mandal has been convicted for the offence punishable under Section 25(1-B)a of the Arms Act and sentenced to undergo rigorous imprisonment for one year and six months and fine of Rs.1,000/- and in default of payment of fine, he shall have to further undergo SI for three months. Appellant No. 1 has also been convicted for the offence punishable under Section 27(1) of Arms Act and sentenced to undergo rigorous imprisonment for a period of four years and fine of Rs.2000/- and in default of payment of fine, he shall have to further undergo S.I. for six months. However, it was ordered that all the sentences shall run concurrently and the period undergone during investigation and trial will be set off.

3. As per the prosecution case and evidence on record, the husband of the informant (PW-2) was ploughing the farm with a Tractor, the accused persons came there and stopped the tractor and demanded Rs.50,000/- as Rangdari which was refused by the deceased, due to the said reason, the appellant no. 1 shot the deceased with his desi katta (fire-arm) causing his death. Admittedly, there was land dispute between the parties.

4. It appears from the record that the appellants were put to trial and at the end of trial, the appellants stood convicted and sentenced as stated above. Being dissatisfied with the judgment and order of conviction passed by the learned Trial Court, the appellants filed their appeal before this Court which is awaiting final order.

5. The appeal has already been admitted and at present, the appellant no. 1 has prayed for his bail and for suspension of sentence imposed by the learned Trial Court during the pendency of the instant appeal.

6. Learned counsel appearing on beha