Patna High CourtCR. MISC./9807/2015bail granted

Kanhaiya Mandal And ORS. v. The State Of Bihar

2015-05-19The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9807 of 2015 Arising Out of PS.Case No. -181 Year- 2014 Thana -JHAJHA District- JAMUI ======================================================

1. Kanhaiya Mandal

2. Pradip Mandal, both sons of Sri Shiv Shankar Mandal

3. Gopal Mandal son of Sri Jhaman Mandal

4. Chandan Mandal sonof Gopal Mandal

5. Vikram Mandal son of Suresh Mandal

6. Indradeo Mandal son of Late Dhigan Mandal All resident of Village Dhobia Kura, P.S. Jhajha, District Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 19-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, (1) Kanhaiya Mandal, (2) Pradip Mandal, (3) Gopal Mandal, (4) Chandan Mandal, (5) Vikram Mandal and (6) Indradeo Mandal, in connection with Jhajha Police Station Case No. 181 of 2014 under Sections 341, 323, 354, 504, 307/34 of the Indian Penal Code and under Section 3(i) (x) of SC & ST (Prevention of Atrocities) Act.

Perused the above application and materials on record including a copy of the order, dated 13.02.2015, passed in A.B.P. No. 1292 of 2014, by the learned Sessions Judge, Jamui, dismissing the said application for pre-arrest bail.

Patna High Court Cr.Misc. No.9807 of 2015 (3) dt.19-05-2015 Heard Mr. Ashok Kumar, learned Counsel for the petitioners, and Mr. Ram Shankar Das, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against the petitioners which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have been able to make out a case calling for appropriate direction for pre-arrest bail.

Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioners above-named shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs.10,000/- (Ten thousand) each with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Jhajha Police Station, Jamui. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-inCharge, Jhajha Police station, Jamui and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as

Patna High Court Cr.Misc. No.9807 of 2015 (3) dt.19-05-2015 to dissuade his/her from disclosing such facts to the Court or to any police officer.

This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Jhajha Police Station, Jamui. Send also a copy of this order, forthwith, to the Superintendent of Police, Jamui by fax.

(I. A. Ansari, J) Amin/- U