Vikesh Kumar @ Vikash Kumar @ Vikash Mandal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70919 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- BHAWANIPUR District- Purnia ======================================================
1. Vikesh Kumar @ Vikash Kumar @ Vikash Mandal, Son of Nand Lal Mandal,
2. Sunil Choudhary, Son of Bishundeo Choudhary,
3. Nitish Kumar Mandal alias Nishi Kumar Mandal, Son of Manoj Mandal,
4. Ranjeet Mandal, Son of Shiv Charan Mandal, All resident of Village- Durgapur, P.S.- Bhawanipur, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 70941 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== 1.Dinesh Mandal, son of late Ramdhin Mandal
2. Ram Chandra Mandal, son of late Tiro Mandal @ Triveni Mandal
3. Kare Mandal, son of Nand Lal Mandal
4. Murli Mandal, son of Ghangho Mandal @ Gango Mandal all are resident of Village-Durgapur, P.S. Bhawanipur, District-Purnea ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 70919 of 2018) For the Petitioner/s :
Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Sri Surendra Kumar, APP (In Criminal Miscellaneous No. 70941 of 2018) For the Petitioner/s :
Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s :
Sri Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered
Patna High Court Cr.Misc. No.70919 of 2018(2) dt.18-12-2018 2/3 for the offences punishable under Sections 147/148/149/337/341/342/353/447/504 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 11.06.2018 submitted by Mahajan Prasad Gupta to the Station House Officer, Bhawanipur Police Station to the effect that on 10.06.2018 at 8.00 P.M., the informant received the information that one businessman, namely, Ajit Kumar, having business of medicine has been killed, then the informant reached on the spot, but the 16 accused persons, including the petitioners, in protest of the occurrence, blocked the road and did not allow the patient to reach to the hospital. The FIR was registered against 16 named and 50-60 unknown. It is submitted by learned counsel for the petitioners that the public was protesting against the brutal killing of the businessman and the police in order to save their own skin, lodged the present case against the mob. Though, the petitioners are named in the FIR, but a statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioners are named in the FIR.
Patna High Court Cr.Misc. No.70919 of 2018(2) dt.18-12-2018 3/3 Considering the omnibus and general nature of accusation against the mob, who are protesting against the brutal killing of the businessman, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, 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 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea, in connection with Bhawanipur P.S. Case No.130 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T