Ashish Kumar @ Ashish Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50395 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- KALUAHI District- Madhubani ====================================================== 1.

Ashish Kumar @ Ashish Mandal Son of Lalu Mandal 2.

Snjeev Mandal Son of Ram Prasad Mandal 3.

Ram Prasad Mandal Son of Late Asharfi Mandal 4.

Magnu Das Son of Khaiku Das 5.

Sonu Mandal @ Sonu Kumar Son of Raghuni Mandal 6.

Chhote Mandal Son of Jageshwer Mandal 7.

Biltu Mandal @ Bittu @ Bittoo Mandal Son of Ranjeet Mandal All are resident of village - Narar West Khatwe Tole, P.S.- Kaluahi, DistrictMadhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Kaluahi P.S. Case No. 51 of 2019 registered for offence punishable under sections 147, 149, 341, 323, 307, 188, 332, 353, 427, 504 and 506 of the Indian Penal Code.

Allegation has been made on account of death of a child on bus accident, the people of locality, male and female

Patna High Court CR. MISC. No.50395 of 2019(2) dt.14-08-2019 2/3 assembled and paralyzed the whole traffic. Allegation has been made against Raja Mandal who led the mob and the people on his instigation, scuffled with the police party. The petitioners were identified by the Chowkidar and Dafadar of that area. The learned counsel for the petitioners submits that there is no specific allegation against these petitioners, save and except, member of mob.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Madhubani in connection with Kaluahi P.S. Case No. 51 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in

Patna High Court CR. MISC. No.50395 of 2019(2) dt.14-08-2019 3/3 similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bond. (Shivaji Pandey, J) Mahesh/- U T