Jay Prakash Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77574 of 2018 Arising Out of PS. Case No.-145 Year-2018 Thana- RUPAULI District- Purnia ======================================================

1. Jay Prakash Mandal

2. Alakh Mandal @ Akhilesh Kumar

3. Amar Mandal @ Amar Kumar Mandal Petitioner nos. 1 to 3 are Sons of Late Kalanand Mandal,

4. Manoj Mandal @ Manoj Kumar S/o Late Sadanand Mandal,

5. Niranjan Mandal @ Niranjan Kumar

6. Aatish Mandal @ Aastish Kumar @ Aatish Kumar Petitioner nos. 5 and 6 are Sons of Naresh Mandal,

7. Subodh Mandal

8. Sushil Mandal Petitioner nos. 7 and 8 are S/o Kapleshwar Mandal,

9. Mantu Mandal @ Srikant Mandal S/o Sunil Mandal @ Sashil Mandal,

10. Phudan Mandal @ Santosh Kumar Bharti S/o Late Jagdish Mandal,

11. Santosh Sah S/o Anil Sah @ Bouna Sah, All are R/o Vill.- Ajhokopa, Mandal Tola, Durga Asthan, P.S.- Rupauli, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Advocate For the State :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-02-2019 Heard learned counsel for the petitioners.

Despite valid service of copy of the petition, no one appears for the State.

Patna High Court Cr.Misc. No.77574 of 2018(2) dt.07-02-2019 2/3 The petitioners seek pre-arrest bail in connection with Rupauli P.S. Case No. 145 of 2018 registered under Sections 143, 147, 148, 149, 341, 342, 323, 353, 337, 427, 504 and 506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that brother of petitioner nos. 1, 2 and 3, namely, Ashok Mandal, who was an employee of the electricity department, died due to electric shock and being agitated a large number of persons made a peaceful protest claiming compensation from the administration, a case has been instituted against the petitioners and nearly 150 unknown ladies and gents. He further contended that no damage was caused to any property and vague allegation has been made in the FIR that some vehicles parked on the road were damaged. No owner or driver of the vehicle came forward to institute any FIR in respect of damage caused to any property.

Considering the nature of allegation made in the FIR and the submissions made above, the petitioners who have got roots in the society, in the event of arrest or surrender before the court below, they are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.77574 of 2018(2) dt.07-02-2019 3/3 learned A.C.J.M-I, Purnea in connection with Rupauli P.S. Case No. 145 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md. S/SKSuman.

U T