Bharat Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42226 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

BHARAT MANDAL aged about 25 years, Male, Son of Late Gagar Nath Mandal Resident of Village - Mathurapur, P.S.- Nathnagar, Distt - Bhagalpur.

2.

Shailendra Mandal @ Shailendra Kumar aged about 30 years, Male, Son of Late Keshav Mandal Resident of Village - Mathurapur, P.S.- Nathnagar, Distt - Bhagalpur.

3.

Yugal Kishore Mandal aged about 22 years, Male, Son of Late Narsingh Mandal Resident of Village - Mathurapur, P.S.- Nathnagar, Distt - Bhagalpur.

4.

Arun Mandal, aged about 24 years, Male, Son of Late Bhola Mandal Resident of Village - Mathurapur, P.S.- Nathnagar, Distt - Bhagalpur. 5.

Vinod Mandal @ Vinod Kumar, aged about 26 years, Male, Son of Late Ratan Mandal Resident of Village - Mathurapur, P.S.- Nathnagar, Distt - Bhagalpur.

6.

Sudin Mandal, aged about 28 years, Male, Son of Saddu Mandal Resident of Village - Mathurapur, P.S.- Nathnagar, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saghir Ahmad, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Nathnagar P.S. Case No. 128 of 2019 registered under Sections 420/34 of the Indian Penal Code, pending in the court of learned Chief Judicial

Patna High Court CR. MISC. No.42226 of 2019(3) dt.19-09-2019 2/3 Magistrate, Bhagalpur.

Earlier vide order dated 11.07.2019 passed by learned coordinate Bench of this court, the petitioners have been granted privilege of provisional bail. Learned counsel for the petitioners submits that on perusal of the F.I.R. it would appear that it is a pure and simple civil dispute and even in the counter affidavit which has been filed on behalf of the informant it has been submitted that the petitioners have taken money for religious Puja, the allegation is that they had collected money of Haat and have caused loss of Rs. 15,00,000/- (Rupees Fifteen Lakhs) to the informant. In the nature of allegations learned counsel submits that the petitioners deserve the privilege of anticipatory bail.

Learned counsel for the informant has opposed the prayer for anticipatory bail, as according to him these petitioners have misappropriated the entire money. In the given facts and circumstances of the case, considering the nature of allegations which are all

Patna High Court CR. MISC. No.42226 of 2019(3) dt.19-09-2019 3/3 about the loss allegedly caused by these petitioners to the informant and seems to be a pure and simple money claim, let the provisional bail granted to the petitioners vide order dated 11.07.2019 be confirmed and they are allowed to remain on their respective bail bond. (Rajeev Ranjan Prasad, J) Rajeev/- U T