Jiwachh Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10417 of 2019 Arising Out of PS. Case No.-510 Year-2014 Thana- ARARIA District- Araria ======================================================

1. Jiwachh Mandal, Male, aged about 60 years, S/o Late Fudan Mandal

2. Jai Prakash Mandal, Male, aged about 57 years, Son of Late Fudan Mandal

3. Srikant Mandal, Male, aged about 42 years, Son of Late Fudan Mandal

4. Rahul Mandal @ Rahul Kumar Mandal, Male, aged about 24 years, Son of Jiwachh Mandal All are residents of village - Rampur Kodarkatti, P.S- and Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Araria P.S. Case No.510 of 2014 registered for the offence punishable under Sections 148, 149, 323, 324, 307, 354, 379, 447, 504/34 of the Indian Penal Code. The petitioners have already taken the benefit of Section 41 (I) of the Code of Criminal Procedure. Hence, this anticipatory bail is not maintainable.

However, if the petitioners surrender before the court below within three weeks from today and prays for regular

Patna High Court Cr.Misc. No.10417 of 2019(2) dt.21-02-2019 2/2 bail and if it is found that the petitioner has not violated any condition of the bail, the court below take into consideration the same and pass appropriate order in accordance with law considering the decision rendered in the case of Mahendra Prasad Singh vs. The State of Bihar reported in 2004(3) PLJR 491.

(Shivaji Pandey, J) Pawan/ S. Katyayan U T