Kishan Mandal @ Krishna Mandal @ Krishna Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20620 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Kishan Mandal @ Krishna Mandal @ Krishna Kumar Mandal S/o Hare Ram Mandal R/o vill - Hati, P.S.- Biroul, Distt.- Darbhanga 2.

Mukesh Mandal S/o Ramdeo Mandal R/o vill - Hati, P.S.- Biroul, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Biraul P.S. Case No. 130/2024 dated 27.03.2024 registered for the offences punishable under sections 147, 148, 149, 120B, 186, 188, 341, 342, 323, 324, 325, 332, 333, 353, 337, 354B, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant got information that a motorcycle was coming rashly and negligently from K. Asthan side and dashed with tempo. On the same time, a police van was coming from opposite side due to

Patna High Court CR. MISC. No.20620 of 2025(2) dt.30-04-2025 2/3 which one person came under the van and died on the spot. The petitioners and the co-accused persons are alleged to have instigate the 100-200 persons to enter the police station premises with intent to commit untoward incident and about 50 people entered the police station premises and threw the chairs and government documents outside the police station and some people were holding inflammable substance in their hands and sound was coming from the crowd to burn the police station. The petitioner and co-accused persons were identified through video footage with the help of Mahal Chowkidar. The petitioner is alleged to have abused, attacked upon the police party and also assaulted them with lathi, danda causing hindrance in discharging duties of public servant.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is no specific allegation against the petitioners rather the allegation against the petitioners is general and omnibus in nature. No incriminating material has been recovered from the conscious possession of the petitioners. The co-accused person has already been granted regular bail by this court vide order dated 01.08.2024 passed in Cr. Misc. No. 49596/ 2024. The petitioners have made accused in this case

Patna High Court CR. MISC. No.20620 of 2025(2) dt.30-04-2025 3/3 only because they are the members of the mob. The petitioners have no concern with the alleged offence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.12.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Biraul P.S. Case No. 130/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T