Tirath Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15216 of 2020 Arising Out of PS. Case No.-786 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.
TIRATH MANDAL Son of Late Devo Mandal 2.
Anand Pathak Son of Surendra Narayan Pathak 3.
Jai Prakash Sharma @ Jai Prakash Mandal Son of Late Munga Lal Mandal 4.
Satish Kumar @ Satish Mandal Son of Baijnath Mandal 5.
Dinesh Mandal Son of Late Saryug Das Azad 6.
Ganesh Thakur Son of Late Gangai Thakur @ Ganga Thakur 7.
Bijay Dash @ Bijay Kumar Dash Son of Kamal Das 8.
Koushal Kishor Das Son of Late Saryug Das Azad 9.
Ram Lochan Mandal Son of Late Kedar Mandal 10.
Ram Bilash Mandal Son of late Bilat Mandal @ Laklan Mandal 11.
Rakesh Kumar @ Rakesh Mandal Son of Late Upendera Mandal 12.
Sanju Mandal @ Sanjeev Kumar Son of Ramnath Ravi @ Ramnath Mandal 13.
Dev Nath Mandal @ Dev Narayan Mandal Son of Late Ram Sharan Mandal 14.
Ramnath Mandal Son of Kedar Mandal All are resident of Village - Kariho, P.S.- Supaul, Dist.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2020 Heard both sides through Video Conferencing.
The petitioners apprehend their arrest in Supaul P.S. Case No.786 of 2019 registered under Sections 147, 148, 149, 283, 109, 114, 435, 353, 332, 333, 307, 427, 377, 338, 379, 511 and 504 of the Indian Penal Code, Section 3 of Prevention of Damage of Public Property Act, Section 10/13 of Unlawful
Patna High Court CR. MISC. No.15216 of 2020(2) dt.04-09-2020 2/3 Activities Act and Section 27 of the Arms Act. The informant, Circle Officer, alleged that some persons had assembled at Kirohi Patel Chowk and they had blocked the road in protest of the fact that Atish Kumar fought PACS election and lost the same. It is alleged that when the informant reached near Patel Chowk, he saw Atish Kumar, Anand Pathak, Jai Prakash Mandal along with other persons assembled there. They were burning tyre on road. It is further alleged that the mob became infuriated and started pelting stones. They also damaged the police vehicle. The learned counsel for the petitioners submits that petitioners were making peaceful protest. The informant and other officials have falsely implicated the petitioners in the case.
No specific allegation is made against the petitioners. Taking into consideration the facts aforesaid and nature of allegation made against the petitioners and the fact that petitioners are named as members of mob who had blocked the road in protest against illegal counting of PACS election in which Atish Kumar has lost the election, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.15216 of 2020(2) dt.04-09-2020 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.786 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T