Bugo Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20608 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -SABAUR District- BHAGALPUR ======================================================
1. Bugo Mandal Son of Tetar Mandal Resident of Village- Mamlakha, PS Sabour District Bhagalpur.
2. Doman Mandal Son of lae Dhoraya Mandal Resident of Village-Ram Nagar PS Sabour District Bhagalpur.
3. Puran Mandal son of Doman Mandal Resident of Village- Ram Nagar., PS Sabour District Bhagalpur.
4. Pappu Mandal son of alte Paro Mandal Resident of Village-Ram Nagar PS Sabour District Bhagalpur.
5. Rohit Mandal Son of late Paro Mandal Resident of Village-Ram Nagar PS Sabour District Bhagalpur.
6. sukhdeo Mandal Son of Sita Mandal Resident of Village-Haridaspur, PS Sabour District Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sabour Police Station Case No. 227 of 2015, disclosing offences under Sections 147, 148, 149, 341, 342 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
Learned Counsel for the petitioners has
Patna High Court Cr.Misc. No.20608 of 2016 (2) dt.20-05-2016 2/3 submitted, referring to the First Information Report, that the case of the prosecution is highly improbable. Though there is general and omnibus allegation of opening fire against all the accused persons, admittedly, no one received any bullet injury. It has further been submitted that for the occurrence which had taken place on the same date and time, the petitioner no. 3 has lodged First Information Report being Sabour Police Station Case No. 228 of 2015, in which the informant is an accused. It has also been submitted that in the said occurrence, in fact, the petitioners' side received injury. The petitioners have no criminal antecedents, as stated in paragraph 3 of this application.
Considering the submission, as above, this application is allowed.
Let the petitioners, namely, Bugo Mandal, Doman Mandal, Puran Mandal, Pappu Mandal, Rohit Mandal and Sukhdeo Mandal, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur, in connection with Sabour Police Station Case No. 227 of 2015, subject to the condition laid
Patna High Court Cr.Misc. No.20608 of 2016 (2) dt.20-05-2016 3/3 down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √