Raushan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24308 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.
RAUSHAN MANDAL Son of Late Hisabi Mandal R/V- Rampur Chokra, PS- Piri Bazar, Dist- Lakhisarai 2.
Rambilash Mandal son of Late Jaya Mandal R/V- Rampur Chokra, PS- Piri Bazar, Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 504, 506/34 of the Indian Penal Code. On the alleged date and time of occurrence, all the 27 FIR named accused persons including these petitioners and 1012 unknown persons having variously armed were assaulting children who were playing cricket. When husband of informant Manohar Singh and Sonu Kumar came to pacify the matter, the accused persons assaulted Manohar Singh with iron rod and Sonu Kumar with lathi, as a result of which both of them sustained injuries.
Patna High Court CR. MISC. No.24308 of 2023(2) dt.27-06-2023 2/2 Learned counsel for the petitioners submits that the allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Petitioners are members of mob and they have been falsely been implicated in this case only on suspicion. Similarly situated co-accused persons have already been granted by the Bench of this Court vide order dated 19.06.2023 passed in Cr. Misc. No. 62615 of 2022. Petitioners claim clean antecedent.
Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Lakhisarai in connection with Piri Bazar P.S. Case No. 75 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Alok Verma/- U T