Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23502 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- BASANHI District- Saharsa ====================================================== 1.

Raj Kumar Mandal Son of Chandeshwari Mandal @ Nagahu Mandal Resident of Village - Pachalakhi, P.S.- Basanahi, Distt.- Saharsa (Bihar) 2.

Ajit Kumar Mandal Son of Chandeshwari Mandal @ Nagaru Mandal Resident of Village - Pachalakhi, P.S.- Basanahi, Distt.- Saharsa (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar 1, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-09-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

The petitioners are languishing in custody for the offences punishable under Sections 147/148/149/341 /323 /324 / 307/448/354/379/384 of the Indian Penal Code and Sections 25(1-b)a/26/35/27 of the Arms Act.

Submission is that the petitioners were only members of the unlawful assembly. No overt-act is alleged against the petitioners. They have got no criminal antecedent. The petitioners are in custody since 17.07.2020.

Considering the facts aforesaid, let the petitioners,

Patna High Court CR. MISC. No.23502 of 2021(2) dt.07-09-2021 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Basanahi P.S. Case No.69 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below. (b) The petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T