Surendra Mandal And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9781 of 2016 Arising Out of PS.Case No. -297 Year- 2014 Thana -JAGDISHPUR District- BHAGALPUR ======================================================
1. Surendra Mandal, son of late Bhukhan Mandal
2. Indralal Yadav, son of Late Darshi Yadav
3. Fakir Mandal, son of Late Kartile Mandal
4. Surendra Mandal, son of Late Mochan Mandal
5. Raju Mandal, son of Late Gholti Mandal. All are resident of VillageSunudih, P.S. Goradih, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tarun Kumar Sinha, Advocate For the Opposite Party/s : Mr. Arun Kr. Singh 5(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Jagdishpur P.S. Case No. 297/14 for offences alleged under Sections 147, 149, 341, 342, 323, 332, 307, 337, 338, 353, 427, 504, 506 of the Indian Penal Code.
The prosecution case, as lodged by the S.H.O., Jagdishpur Police Station, district Bhagalpur, is that on account of death of a girl, who was dashed by the truck, a mob of 125-150 people gathered and resorted to brick-batting causing injury to various police personnel. The petitioners have been named in the
Patna High Court Cr.Misc. No.9781 of 2016 (2) dt.30-03-2016 2/2 First Information Report along with 12 others. It has been submitted by the learned counsel for the petitioners that in the mob of 125-150 people the petitioners have been named but there is no specific allegation, rather allegation is general and omnibus and of mob attack. However, learned APP for the State submits that the petitioners are named in the First Information Report and opposes the prayer for bail.
Be that as it may, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, 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 learned Chief Judicial Magistrate, Bhagalpur, in connection with Jagdishpur P.S. Case No.297/14, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T