Shambhu Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.54277 of 2016 (5) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54277 of 2016 Arising Out of PS.Case No. -98 Year- 2009 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Shambhu Mandal, son of Asharfi Mandal, resident of Village- Berma, P.S.- Madhepur, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kishore Kumar Thakur, Advocate. For the Opposite Party/s : Mr. Sri Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Jhanjharpur P.S. Case No. 98 of 2009 registered under Sections 147, 148, 149, 307, 333, 132, 133, 435, 436, 427, 452, 380, 504 and 506 of the Indian Penal Code and Section 3/4 of the Damage to Public Property Act, pending in the court of A.C.J.M., Jhanjharpur.

The accusation is that, on hearing the loud voice on the road, informant being the Sub-Inspector of Jhanjharpur Police Station and other police officials reached there and saw one dead body sustaining injury in the accident. He also came to know that deceased was dashed by the truck which was in high speed moving towards Phulparas. While attempt was made to intercept the truck but the truck could not be intercepted. In the meantime,

Patna High Court Cr.Misc. No.54277 of 2016 (5) dt.22-02-2017 rumor spread about concealing the Driver and Khalasi of the said truck in the police station. Thereafter, mob entered in the police station, burned motorcycle and Jeep of the police station and damaged the materials kept in the Malkhana. The mob also looted the pistol and live cartridges kept in the Malkhana. At that time, 56 persons including the petitioner were identified. Learned counsel for the petitioner submits that petitioner being the vegetable vendor was present in side the road and he has been implicated in this case mere on suspicion. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T