Shiv Kumar Mandal And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.34893 of 2014 (2) dt.12-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34893 of 2014 Arising Out of PS.Case No. -77 Year- 2014 Thana -BARARI District- KATIHAR ======================================================

1. Shiv Kumar Mandal Son of Bhagwan Mandal

2. Shashi Kumar Mandal Son of Bhagwan Mandal

3. Mahesh Mandal Son of Late Tufani Mandal

4. Fudi Mandal @ Fudo Mandal Son of Ganeshi Mandal

5. Gonu Mandal @ Shambhu Mandal Son of Ganeshi Mandal

6. Mangal Mandal Son of Bhagtu Mandal All are R/O-Madhubani, P.S.- Barari (Semapur), Distt.-Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2015 Heard both sides.

The petitioners seek anticipatory bail in a case registered under sections 147,148,149,452,385,379,427,504 and 506 of the I.P.C. and Section 27 of the Arms Act.

Learned counsel appearing for the petitioners seeks permission to withdraw the anticipatory bail application of petitioner No.2 Shashi Kumar Mandal and petitioner no. 3 Mahesh Mandal.

The prayer is allowed. The anticipatory bail application of petitioner no. 2 Shashi Kumar Mandal and petitioner 3, Mahesh Mandal is dismissed as withdrawan.

Patna High Court Cr.Misc. No.34893 of 2014 (2) dt.12-03-2015 After some argument learned counsel appearing for other petitioners seeks permission to withdraw this anticipatory bail application and prays that on the same facts two of the accused persons have been enlarged on bail by the learned court below, therefore, a direction may be given to the learned court below to consider their prayer for regular bail.

The prayer is allowed and the anticipatory bail application on behalf of rest of the petitioners is dismissed as withdrawn( in connection with Barari ( Semapur ) P.S.Case No. 77/14, pending in the court of C.J.M. Katihar) with a direction that if they surrender in the court below within a period of four weeks and seek regular bail then the same may be considered on the same date taking into consideration the fact that two of the accused persons, whose case stands on similar footing have already been granted bail.

(Prabhat Kumar Jha, J) Naresh/- U