Sanjay Mandal @ Sanjay Kumar Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43935 of 2018 Arising Out of PS.C.ase No. -8 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ======================================================
1. Sanjay Mandal @ Sanjay Kumar Mandal, S/o Late Janardan Mandal,
2. Wokil Mandal @ Vakil Mandal, S/o Late Rajendra Mandal.
3. Mahesh Mandal S/o Late Jagdish Mandal,
4. Shambhu Mandal @ Shambhu Sharan Mandal S/o Late Janardan Mandal, All the Four Petitioners are Residents of Vill.- Abhiyagachi Tola, P.S.- Gopalpur, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Mahila P.S. (Navgachia) No. 08/2014, instituted for the offences punishable under Sections 341, 323, 354B, 509, 504 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the police after investigation exonerated petitioner nos. 2, 3 and 4 and submitted charge-sheet against petitioner no. 1 under Sections 323 and 504 of the Indian Penal Code but the learned court below differing with the final form took cognizance against all the
Patna High Court Cr.Misc. No.43935 of 2018 (2) dt.23-07-2018 2/3 accused persons for the offences under Sections 341, 323, 354B, 509, 504, 506 and 34 of the Indian Penal Code. From the written report, it appears that there is general and omnibus allegation of assault and misbehaviour against the petitioners.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mahila P.S. (Navgachia) No. 08/2014, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Navgachia, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
Patna High Court Cr.Misc. No.43935 of 2018 (2) dt.23-07-2018 3/3 cancellation of bail of the petitioners.
(Sanjay Priya, J.) Rakhi U T