Ghanshyam Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62679 of 2017 Arising Out of PS.Case No. -239 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Ghanshyam Mandal, Son of Late Sita Ram Mandal,

2. Guddu Mandal @ Amarnath Mandal, Son of Late Jani Mandal,

3. Hira Yadav, Son of Late Kanahai Yadav,

4. Bablu Paswan, Son of Gopal Paswan, All of Village- Jagdishpur, P.S.- Jagdishpur, District- Bhagalpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard the learned Sr. counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jagdishpur PS case no. 239 of 2016 registered for the offences punishable under Sections 307, 324 and other sections of Indian Penal Code, Section 25(1-b)A/26/27/35 Arms Act and 3/4 Explosive Substances Act.

The allegation is with regard to the accused persons surrounding the informant and hitting him with bomb etc.

Subsequently, the villagers had arrived there and caught one of the accused persons namely Shaligram Paswan who disclosed that petitioners herein and one Dayanand Yadav had given him Rs. 60,000/- for killing Lallu Choudhary.

The learned Senior counsel for the petitioners submit that

Patna High Court Cr.Misc. No.62679 of 2017 (2) dt.04-01-2018 2/2 the said co-accused Dayanand Yadav has already been granted anticipatory bail by this Court by an order dated 17.03.2017 passed in Cr.Misc. no. 8516 of 2017. It is further submitted that the aforesaid order dated 17.03.2017 would show that the informant is a notorious criminal and he has been named in 27 criminal cases. It is further submitted that there is general and omnibus allegation against the petitioners and no recovery has been effected from the persons of the petitioners.

Having regard to the facts and circumstances of the case as well as the admitted position that the co-accused persons has already been granted anticipatory bail by this Court and the case of the petitioners stand on similar footing, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur PS case no. 239 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T