Ajay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31081 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Ajay Mandal Son of Chandra Kishore Mandal, Resident of Village - Rampur Alauli, P.S. Alauli, District - Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate.

For the Opposite Party : Mr. Rajendra Pd.Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 384, 365 and 427 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant is cousin of the petitioner and it is alleged that the petitioner is said to have made indiscriminate firing and threatened for making payment of extortion amount of Rs. 1,00,000/-. The petitioner is said to have kidnapped Mantu Kumar. It is submitted that similarly situated accused persons namely Sudhanshu Kumar and Chandra Kishore Mandal have been granted anticipatory bail vide orders passed in Cr. Misc. No. 37287 of 2015. It is further submitted that the informant alleged that all other accused persons made indiscriminate firing and the petitioner also made

Patna High Court Cr.Misc. No.31081 of 2015 (3) dt.15-10-2015 2/2 firing, but nobody was injured and the petitioner kidnapped the sculptor. It is also submitted that the petitioner has also filed a petition (Annexure-3) for improvement of the condition of the temple and that is why this false case has been lodged.

It appears that the victim was also disclosed in his statement under Section 164 of the Cr.P.C. that the petitioner and others came and asked him not to make idols and on the next day kidnapped him along with other accused persons, but let him out on the same day in the evening.

Considering the facts aforesaid and the fact that there appears to be a family dispute and similarly situated accused Sudhanshu Kumar and Chandra Kishore Mandal have been granted anticipatory bail, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in Alauli P.S. Case No. 64 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T