Sumit Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4826 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- MORKAHI District- Khagaria ======================================================
1. Sumit Mandal and Ors Son of Narsinh Mandal
2. Dipak Mandal @ Dipak Kumar Son of Lakhpati Mandal
3. Navin Mandal @ Navin Kumar Son of Newal Mandal All Resident of Village - Marar, P.S.- Morkahi, District - Khagaria ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Jitendra Narain Sinha For the Respondent/s :
Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 The appellants seek pre arrest bail in connection with Morkahi P.S. Case No. 89 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 3(i)(v)(s) of SC/ST Act.
Allegation against the appellants is of assaulting the informant and others.
It has been submitted on behalf of the appellants that thouth they are named in the F.I.R. but no specific allegation has been attributed to the appellants rather only general and omnibus allegation has been attributed to the appellants and specific allegation has been attributed to the co-accused persons.
Patna High Court CR. APP (SJ) No.4826 of 2018 dt.05-02-2019 2/2 Learned Special P.P. as well as learned counsel for the informant opposed the prayer for bail on the ground that there is allegation against all the appellants.
Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I - cum-Special Judge Khagaria, in connection with Morkahi P.S. Case No. 89 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.
Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date