Mangal Kumar Mahto @ Mangalmay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27763 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== MANGAL KUMAR MAHTO @ MANGALMAY MAHTO Son of Maneshwar Mahto R/O Vill.- Shankarpur, Bind Tola, P.S.- Lalmatiya, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bambam Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 149, 323, 353, 354, 188, 120B, 504/34 of the Indian Penal Code.

3. It is alleged that on 02.09.2022, this petitioner instigated accused persons and blocked the main road for two hours. It is further alleged that they shouted slogans against the Government and abused and misbehaved with the informant.

4. It is submitted that allegation against the petitioner is general and omnibus and no specific overt act has been alleged against him. As a matter of fact, dead body of one Jyoti Kumar was recovered for which U.D. Case No. 30 of 2022 was registered by the police and petitioner along with other local

Patna High Court CR. MISC. No.27763 of 2023(2) dt.17-07-2023 2/2 persons was protesting and demanding adequate compensation for family of the deceased. The police party got anguished and lodged this false and fabricated case. Petitioner has got clean antecedent.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Tatarpur P. S. Case No. 215 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T