Guddu Mandal And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.21992 of 2016 (2) dt.24-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21992 of 2016 Arising Out of PS.Case No. -262 Year- 2015 Thana -RAJAUN District- BANKA ======================================================
1. Guddu Mandal Son of Sri Sadhu Mandal
2. Kailash Mandal Son of Sri Bhagwat Mandal Both resident of village - Tahshur, P.S. Jagdishpur, Distt. - Bhagalpur .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Vivekanand Vivek, Advocate. For the Opposite Party : Mr. Anuj Kr.Srivastav(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 24-05-2016 The petitioners apprehend their arrest in relation to Rajoun P.S. Case No. 262 of 2015 registered under Sections 147, 148, 149, 323, 341, 332, 333, 379, 337, 338, 353, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act and 4/40 of B.M.M.C. Act.
The allegation is that on coming to know that illegal carrying of sand mining, the police party went at the place of occurrence and found over 200 people engaged in mining sand near river bank. Some of the police men were sustained injuries. F.I.R. has been lodged against two petitioners on the statement of village chowkidar Devendra Paswan. However, Devendra Paswan does not say that he has named the petitioners in his further statement. This fact has been noted by the learned Additional
Patna High Court Cr.Misc. No.21992 of 2016 (2) dt.24-05-2016 Sessions Judge, 5th Banka, while rejecting the anticipatory bail application of the petitioners.
Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 262 of 2015, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Navaniti Prasad Singh, J.) Amit/Rajiv U T