Chandan Mandal @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35246 of 2023 Arising Out of PS. Case No.-216 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== 1.

Chandan Mandal @ Chandan Kumar Son Of Late Raghunandan Mandal R/O-Pipra, P.S.-BANMANKHI, Distt.-PURNEA 2.

Jai Kumar Mandal @ Jai Kumar Son Of Girendra Mandal R/O-Pipra, P.S.- BANMANKHI, Distt.-PURNEA 3.

Rinku Mandal @ Manu Kumar Son Of Girendra Mandal R/O-Pipra, P.S.- BANMANKHI, Distt.-PURNEA 4.

Raja Mandal @ Prince Raja Son Of Satendra Mandal R/O-Pipra, P.S.- BANMANKHI, Distt.-PURNEA 5.

Baby Devi Wife Of Anjan Sinha R/O-Pipra, P.S.-BANMANKHI, Distt.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 379, 302, 506, 120(B) of the Indian Penal Code.

3. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that I.O. after investigation has submitted charge-sheet against co-accused persons by showing these petitioners as not sent-up for trial but the learned court below disagreed from the view and took cognizance against these petitionrs under the aforesaid sections without any cogent and

Patna High Court CR. MISC. No.35246 of 2023(2) dt.27-07-2023 2/2 legal evidence against these petitioners. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner nos. 1, 4 and 5 have no criminal antecedent and petitioner nos. 2 and 3 have one criminal antecedent as stated in para-3 of this application.

4. Learned APP for the State opposes the prayer for bail.

5. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Banmankhi P.S. Case No. 216 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T