Bishwa Nath Mandal And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17593 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================

1. Bishwa Nath Mandal

2. Ganga Prasad Mandal Both sons of Late Narayan Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341/323/504/420 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that the informant deposited Rs. 10,000/- in Dilawarpur branch of Bairiya Primary Agriculture Credit Co-operative Society, on assurance of double the investment in ten years wherein, petitioner no.1 was the Branch Manager whereas petitioner nos.2 was go-down in-charge. Subsequently, when the informant went to home of the accused to demand his money he was pushed out from the house by the

Patna High Court Cr.Misc. No.17593 of 2015 (2) dt.18-05-2015 2/2 accused persons and abused by calling caste name. It is submitted by learned counsel for the petitioners that actually the informant deposited Rs.9,000/- and he received the maturity amount of Rs. 19,074/-and the present case has been lodged only due to political rivalry. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 9 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T