Pramod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8167 of 2020 Arising Out of PS. Case No.-924 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Pramod Mandal Son of Krishna Mohan Mandal 2.

Mukesh Mandal Son of Rajdeo Mandal @ Ramdeo Mandal 3.

Raj Kumar Mandal Son of Hardeo Mandal 4.

Ramanand Paswan Son of Late Rameshwar Paswan 5.

Udranand Mandal @ Udranand Son of Mauji Mandal 6.

Gyanand Mandal @ Gajanand Mandal Son of Shivlal Mandal 7.

Jitendra Paswan Son of Dev Narayan Paswan 8.

Arjun Paswan Son of Bhola Paswan 9.

Tapesh Sah Son of Ganesh Sah 10.

Ashok Mandal Son of Dharmlal Mandal 11.

Pankaj Mandal Son of Jamuna Prasad Mandal All resident of Village - Thila Mohan, P.S.- Simraha, District - Araria. 12.

Santosh Sah Son of Bhola Sah 13.

Suraj Mandal Son of Dinesh Mandal @ Dinesh Prasad Mandal Both resident of Village-Tar Tola, Thila Mohan, P.S.-Simraha, District Araria.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Foresganj P.S. Case No. 924 of 2019 for offences under Sections 147, 148, 149, 341, 342, 323, 325, 307, 337, 338 and 379 of the Indian Penal Code.

Learned counsel for the petitioners submits that while

Patna High Court CR. MISC. No.8167 of 2020(2) dt.03-03-2020 2/2 the informant and his cousin brother were going to purchase Ayurvedic medicines, some persons caught them and started assaulting them on suspicion that they are child thieves. Subsequently, 5-7 thousand persons gathered there. On such information, police party reached the place of occurrence and took them in custody. In the instant case, 51 persons named in the FIR were arrested whereas 500 unknown persons attacked on the apprehended persons when the police personnel went to the place of occurrence in order to maintain law and order situation. The petitioner is only a member of mobs of 500 persons although he is named in FIR.

Considering the aforesaid, this Court is inclined to grant bail to the petitioners. Let petitioners, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Foresganj P.S. Case No. 924 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) BT/- U T