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Patna High CourtCR. MISC./50488/2022allowed

Jay Narayan Mandal v. The State Of Bihar

2022-12-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50488 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

JAY NARAYAN MANDAL S/O SURYA NARAYAN MANDAL Resident of village- Jarauli, P.S.- Andhranath, District- Madhubani. 2.

BALRAM MANDAL S/O SURYA NARAYAN MANDAL Resident of village- Jarauli, P.S.- Andhranath, District- Madhubani. 3.

KRISHNA MANDAL @ KRISHNA KUMAR MANDAL S/O PERMESHWAR MANDAL Resident of village- Jarauli, P.S.- Andhranath, District- Madhubani.

4.

DEEPAK MANDAL @ DEEPAK KUMAR MANDAL S/O JAY NARAYAN MANDAL Resident of village- Jarauli, P.S.- Andhranath, District- Madhubani.

5.

RAHUL MANDAL @ RAHUL KUMAR MANDAL S/O JAY NARAYAN MANDAL Resident of village- Jarauli, P.S.- Andhranath, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Andhramath P.S. Case No.58 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 307, 302 and 427 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.50488 of 2022(2) dt.08-12-2022 2/2 present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that specific allegation is against co-accused, Bindeshwar Mandal and Krishna Kumar Mandal that they fired upon the informant and her husband and the husband of the informant died. It is submitted that the allegation against the petitioners are general and omnibus. Petitioners were only the members of the mob. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that no specific overt act is alleged against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur in connection with Andhramath P.S. Case No.58 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T