Dev Mandal @ Devendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35695 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== DEV MANDAL @ DEVENDRA MANDAL S/o Saryug Mandal Resident of Village- Lodipur, Khurd P.S- Lodipur, Bhagalpur. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Deepak Kumar Sinha, Advocate.

For the State :

Mr. Surendra Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-04-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 16.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends his arrest in connection with Lodipur P.S. Case No.06 of 2020 (G.R. No.90 of 2020) registered under Sections 147, 148, 149, 341, 323, 333, 332, 436, 504, 353 and 427 of the Indian Penal Code. The accusation is that the informant along with other police personnel was on patrolling duty in the evening of

Patna High Court CR. MISC. No.35695 of 2020(2) dt.30-04-2021 2/3 07.01.2020. At that time, the informant received information to the effect that near Toll Tax Plaza, a motorcycle rider was dashed by the truck driver, who is in serious condition. Thereafter, the informant along with other police personnel reached there and found that the person, who was dashed, was in serious condition, then he was rushed to Mayaganj Hospital, Bhagalpur, for treatment but he died in course of treatment. When the informant along with other police personnel returned from the Hospital to Toll Tax Plaza, then saw that a mob of 15 persons having lathi, danda and iron rod had broken the glass of the truck and truck was set on fire.

While the informant along with other police personnel tried to stop the incident but the mob started pelting bricks and stones towards police personnel. Anyhow, the traffic was mobilized and the videography of the incident was taken and, on identification of the neighbours, 6 persons including the petitioner were identified out of the mob. Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act is attributed to him. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.35695 of 2020(2) dt.30-04-2021 3/3 enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Lodipur P.S. Case No.06 of 2020 (G.R. No.90 of 2020), subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T