Patna High CourtCR. MISC./37954/2017bail granted

Shrawan Mandal v. The State Of Bihar

2017-08-16Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37954 of 2017 Arising Out of PS.Case No. -201 Year- 2015 Thana -KHARIK District- BHAGALPUR ====================================================== Shrawan Mandal, Son of Late Tarani Mandal, Resident of VillageBhawanpura Railway Station Kharik, Police Station-Kharik, DistrictBhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey, Adv. For the Opposite Party/s : Sri Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kharik P.S. Case No. 201 of 2015 registered for the offence(s) punishable under section(s) 353, 323, 224, 225/34 of the Indian Penal Code.

The informant has alleged that on 22.10.2015, he apprehended accused, Gayanand Yadav. While he was preparing memo of arrest, this petitioner along with 3 others named in the FIR and 15-20 unknown, started altercation from the informant and freed the apprehended accused, Gayanand Yadav from the police custody.

Learned counsel for the petitioner submits that on the

Patna High Court Cr.Misc. No.37954 of 2017 (2) dt.16-08-2017 2/2 occasion of immersion of idol, large number of people had assembled. There is nothing specific against this petitioner and he has been named merely on suspension and there is no criminal antecedent against him and so, he deserves anticipatory bail. Learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances, as stated above, this application is allowed.

Let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, 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 learned Additional Chief Judicial Magistrate-II, Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 201 of 2015, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.

(Sanjay Kumar, J) Mahesh/- U T