Prem Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71288 of 2018 Arising Out of PS. Case No.-188 Year-2017 Thana- BANKA District- Banka ====================================================== Prem Shankar Mandal, Son of Jagdish Mandal, Resident of Village- Chutiya, P.S.- Banka, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Banka PS Case No. 188/2017 for the alleged offence under Sections 147, 149, 337, 353, 431, 427, 438 of the Indian Penal Code.

Learned counsel representing the petitioner submits that in the instant case there is allegation against approximately 400-500 persons who were pelting stones. Petitioner is one of the members of the mob.

Considering that the petitioner has no criminal antecedent and there is no specific allegation against the petitioner and he was only one of the members of the mob protesting against the death of a school girl of the locality in a road accident the Court is inclined to grant him the privilege of

Patna High Court Cr.Misc. No.71288 of 2018(2) dt.18-12-2018 2/2 anticipatory bail. This application is accordingly allowed. In the event of arrest or surrender before the concerned court below within a period of one month from today, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Banka PS Case No. 188/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) mrl./- U T