Kinjar Kumar Mandal @ Kinjan Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39760 of 2024 Arising Out of PS. Case No.-621 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.
KINJAR KUMAR MANDAL @ KINJAN KUMAR MANDAL SON OF BACHCHE MANDAL RESIDENT OF VILLAGE - MANJHWE, P.S. - JAMUI, DISTRICT - JAMUI 2.
SHANKAR YADAV SON OF AMRIT YADAV RESIDENT OF VILLAGE - MANJHWE, P.S. - JAMUI, DISTRICT - JAMUI 3.
MUNILAL YADAV @ MUNIL YADAV SON OF AMRIT YADAV RESIDENT OF VILLAGE - MANJHWE, P.S. - JAMUI, DISTRICT - JAMUI 4.
KUNDAN YADAV @ KUNDAN KUMAR SON OF PRABHU YADAV RESIDENT OF VILLAGE - GERUA, P.S. - HALSI, DISTRICT - LAKHISARAI 5.
VINOD YADAV @ VINOD KUMAR SON OF LATE KEDAR YADAV RESIDENT OF VILLAGE - MANJHWE, P.S. - JAMUI, DISTRICT - JAMUI 6.
SADAL YADAV @ ADAL YADAV SON OF LILDHARI YADAV RESIDENT OF VILLAGE - MANJHWE, P.S. - JAMUI, DISTRICT - JAMUI 7.
PRAMOD KUMAR @ PYARE YADAV SON OF CHARITRA RESIDENT OF VILLAGE - MANJHWE, P.S. - JAMUI, DISTRICT - JAMUI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dipak Kumar For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Jamui P.S. Case No. 621 of 2023 dated 18.10.2023 registered for the offence/s punishable u/ss 147, 148,
Patna High Court CR. MISC. No.39760 of 2024(2) dt.23-08-2024 2/3 149, 341, 323, 332, 186, 353, 379, 411, 307 and 504 of the Indian Penal Code and section 21 of MMDR and section 56(2) of BMMC Rules.
3. As per the prosecution case, the petitioners and the co-accused persons along with 10-15 unknown miscreants blocked the road and pelted stones and bricks on the police personnel with a view to get the tractor loaded with sand released. They also caused hindrance in discharge of official duties of the police personnel.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioner nos. 1, 4, 6 and 7 have no criminal antecedent, the petitioner no. 2 has two criminal cases and the petitioner no. 3 and 5 have one criminal case as stated at para 3 of the bail petition. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 18.03.2024 passed in Cr. Misc No. 11460 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus,
Patna High Court CR. MISC. No.39760 of 2024(2) dt.23-08-2024 3/3 let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Jamui in connection with Jamui P.S. Case No. 621 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T