Dinesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4821 of 2020 Arising Out of PS. Case No.-260 Year-2013 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Dinesh Mandal S/o Late Yogeshwar Mandal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga. 2.

Dilip Mandal S/o Kari Mandal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga.

3.

Kanahiya Mandal @ Shatrughan Mandal S/o Kari Mandal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga. 4.

O.P Mandal @ Upendra Mandal S/o Late Manrup Mandal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga. 5.

Suresh Yadav S/o Late Ram Prasad Yadav Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga. 6.

Ramavatar Mandal S/o Gokhul Mandal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga.

7.

Birju Chaupal S/o Late Baujan Chaupal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga.

8.

Nibhash Thakur S/o Shivji Thakur Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga.

9.

Subhash Thakur S/o Shivji Thakur Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga.

10.

Bindeshwar Mandal S/o Late Gokhul Mandal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga. 11.

Vishwanath Choupal S/o Bilash Choupal Resident of Mali Toll Adalpur, P.S.- Sadar, (Bhalpatti O.P.) Distt- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148,

Patna High Court CR. MISC. No.4821 of 2020(2) dt.29-02-2020 2/3 149, 341, 323, 427, 283, 379, 353 and 504. of the Indian Penal Code.

The prosecution case as per the written report of Nage Paswan submitted to the Station House Officer of Bhalpatti O.P. is to the effect that on 18.07.2013 during the patrolling, information was received that in a road accident two persons have received injuries and all the accused persons have blocked the road and consequently, when the police went to clear the blockage, all the accused persons damaged the public vehicle and obstructed the police personnel in discharging the official duty. It is submitted by learned counsel for the petitioners that the accusation is omnibus and against against the mob and a statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR.

Considering the general and omnibus accusation against the mob and statement being made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.4821 of 2020(2) dt.29-02-2020 3/3 period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar (Bhalpatti O.P. P.S. Case No. 260 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T