Chandra Shekhar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44045 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- HALSI District- Lakhisarai ====================================================== 1.

Chandra Shekhar Mandal Son of Upendra Mandal @ Kopi Mandal 2.

Randhir Mandal Son of Upendra Mandal @ Kopi Mandal 3.

Kanhaiya Mandal @ Bihari Son of Ranjit Mandal @ Ranjit Prasad Mandal 4.

Upendra Mandal @ Kopi Mandal Son of Tota Mandal All are resident of Village-Mohaddi Nagar, Police Station-Halsi, DistrictLakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Halsi P.S. Case No. 24 of 2019 registered for offence punishable under sections 323, 324, 354(A), 379, 504 and 506/34 of the Indian Penal Code and section 27 of the Arms Act.

Allegation has been made that one Roshan Mandal used to misbehave with the daughter of informant and also used to filthy word against her. When the informant had gone to make a complain to Shambhu Mandal who is father of

Patna High Court CR. MISC. No.44045 of 2019(2) dt.17-07-2019 2/3 Roshan Mandal then Shambhu Mandal instead of controlling or giving a proper advice to his son, started assaulting with iron rod and other accused persons came with different weapons and started firing. The specific allegation has been made against Shambhu Mandal and Kanhaiya Mandal @ Bihari (petitioner no.3) that they were holding the rifle, created terror situation and started firing. No specific allegation has been made against petitioner nos. 1, 2 and 4.

In such view of the matter, the prayer for bail of the petitioner nos. 1, 2 and 4 is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S. Case No. 24 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner nos. 1, 2 and 4 shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner nos. 1, 2 and 4 will not induce any witness or tamper with the evidence. The petitioner nos. 1, 2 and 4 shall cooperate in the disposal of trial and make

Patna High Court CR. MISC. No.44045 of 2019(2) dt.17-07-2019 3/3 themselves available as and when required by the court. So far petitioner no. 3, his prayer for bail is rejected. However, if he surrenders within a period of three weeks and prays for regular bail, the court below will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T