Umesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21235 of 2023 Arising Out of PS. Case No.-78 Year-2022 Thana- MADHWAPUR District- Madhubani ====================================================== UMESH MANDAL Son of Bikau Mandal Resident of village-Basuki Bihari, P.O.-Basuki Bihari, P.S.-Madhwapur, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagjit Roshan For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 332, 333, 353, 307, 504, 506 of Indian Penal Code and Section 27 of the Arms Act and Sections 3(i)(r)(s), 3(2)(va) of the SC/ST Act and Section 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4 liters of liquor from a vehicle, further, the informant alleges that Guddu and Aditya assaulted Jaymangal Yadav with butt of pistol while Manjit and Govind, with iron rod, tried to strangulate and snatched his mobile, further, accused abused by taking caste name of the informant. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.21235 of 2023(2) dt.15-05-2023 2/2 petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that the petitioner is neither the owner nor the driver of the vehicle and even the abuse, which was hurled, is not disclosed in the FIR nor there is any specific allegation against the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhwapur P.S. Case No. 78 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T