Ram Pukar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6014 of 2021 Arising Out of PS. Case No.-316 Year-2020 Thana- GOGRI District- Khagaria ====================================================== RAM PUKAR MANDAL Son of Jogendra Mandal @ Jogo Mandal Resident of Village - Bahadurpur, P.S.- Gogri, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajit Kumar, Advocate.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Gogri P.S. Case No. 316 of 2020 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 332, 333, 307, 337, 338, 353, 504, 506, 224, 225, 427 of the Indian Penal Code.

As per the prosecution case, the allegation is against absconding accused Rampukar Mandal who tried to fled away

Patna High Court CR. MISC. No.6014 of 2021(2) dt.15-04-2021 2/3 from the police custody, when the police party reached for apprehending him, with the help of 38 FIR named and 40 to 50 unknown persons who attacked police party by means of Lathi, Danda and Stone to eradicate the accused.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that the petitioner is member of mob only and they do not prevent the police to execute their duties. He also submits that police misbehaved with mother of Rampukar Mandal, thus to save his neck from above act the police have brought this false case. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in para 3 of this bail application and he is languishing in custody since 15.09.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.6014 of 2021(2) dt.15-04-2021 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Gogri P.S. Case No. 316 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T