Janardan Mandal And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.15284 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15284 of 2017 Arising Out of PS.Case No. -249 Year- 2014 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Janardan Mandal, son of late Babuji Mandal.

2. Surendra Mandal, son of Nageshwar Mandal.

Both are resident of village- Shyamnagar, Police Station- Triveniganj, District- Supaul.

3. Jai Ram Mandal, son of late Suranchi Mandal.

4. Devnarayan Mandal @ Bankar Mandal, son of Late Suranchi Mandal.

5. Sukhdev Mandal, son of Late Suranchi Mandal. Petitioner nos. 3 to 5 are resident of village - Amaha, P.S.- Pipra, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Goutam, Advocate. For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Triveniganj P.S. Case No. 249 of 2014, registered under Sections 147, 148, 323, 324, 325, 307, 337, 452, 427, 435, 436 and 379 of the Indian Penal Code.

The accusation is that 22 persons named in the F.I.R. including the petitioners came at the door of the informant and asked to vacate the house. When the informant raised objection then they started to damage the house by pelting stones and bricks. At that time, co-accused Rajendra Mandal caused injury at the

Patna High Court Cr.Misc. No.15284 of 2017 (3) dt.06-07-2017 head of Subhash Chandra Yadav through Farsa. Birendra Mandal caused injury at the head of Bhupendra Yadav through bricks whereas Shivnarayan Mandal caused injury to Upendra Yadav through lathi and Ram Chandra Mandal caused injury at the both hands of Lal Kumar. Thereafter, the mob also damaged the Bolero vehicle by putting fire.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act has been attributed against them. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Supaul, in connection with Triveniganj P.S. Case No. 249 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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