Bhola Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ======================================================
1. Bhola Mandal, son of Late Charitra Mandal, resident of village - South Tintanga, P.S. Gopalpur, Distt. Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/ : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-01-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Gopalpur (Rangra) P.S. Case No.143 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 506 Indian Penal Code and Sections 25(1-b)a, 26(1), 27 and 35 of the Arms Act. It is alleged that on the date of occurrence coaccused Arbind Yadav threatened the informant of dire consequences on his mobile phone and thereafter he along with other co-accused started indiscriminate firing. The productioncum-seizure list has been annexed with the First Information Report which shows that one Ram Kumar had produced a country made pistol and ten empty cartridges. In this manner,
Patna High Court Cr.Misc. No.60 of 2017 (2) dt.10-01-2017 2/2 there is no specific allegation of firing against this petitioner. From the production-cum-seizure list, it appears that there is no recovery from the possession of the petitioner. It has also been submitted that this case is counter blast of the case filed by the wife of the co-accused Arbind Yadav against the informant and others vide Gopalpur (Rangra) P.S. Case No.142 of 2016. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.
In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Gopalpur (Rangra) P.S. Case No.143 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM 1st, Naugachaiya, Bhagalpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T