Jairam Mandal And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12901 of 2016 Arising Out of PS.Case No. -145 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Jairam Mandal, son of Shakuni Mandal

2. Mukesh Kumar @ Mukesh Mandal, son of Janardan Mandal, Both resident of Village- Amari Dudhaila, Niruddinpur, P.S.- Bihpur, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,386,447 and 427 of the Indian Penal Code. The prosecution case is that the petitioners and others were taking out soil from the agricultural land of the informant for construction of road as a result, huge loss was caused to the informant in growing crops. When the complaint was made to the S.P. then it was suggested that with mutual consent the soil should be taken out but the accused persons also misbehaved with the administrative officers and demanded extortion. It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.12901 of 2016 (2) dt.30-03-2016 2/2 that the accusation is omnibus and general. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent and due to a dispute with regard to the construction of road the accusation has been levelled. It is further submitted that similarly situated 28 co accused have been granted anticipatory bail vide Cr. Misc. No. 58435 of 2015. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur in connection with Nathnagar P.S. Case No.145 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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