Ashok Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28881 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- FORBESGANJ District- Araria ======================================================

1. Ashok Mandal

2. Prakash Mandal

3. Pappu Mandal All Son of late Ramanand Mandal All Resident of Village- Rangdaha Majhua, P.S. Forbesganj, District- Araria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2018 Learned counsel appearing on behalf of the petitioner prays to withdraw the application filed in respect of petitioner No.3 Pappu Mandal.

In view of the above, the application filed on behalf of petitioner No.3 Pappu Mandal is dismissed as withdrawn. Heard learned counsel for the petitioners No.1 and 2 and the learned A.P.P. for the State.

The petitioners No.1 and 2 apprehend their arrest in connection with Forbesganj P.S. Case no. 16 of 2018, registered under Sections 147, 149, 341, 332, 353 and 427 of the Indian Penal Code.

The accusation is that when informant along with other Police officials reached in village Rangdaha to arrest the

Patna High Court Cr.Misc. No.28881 of 2018(2) dt.09-05-2018 2/2 accused Pappu Mandal, who was wanted in Forbesganj P.S. Case No. 15 of 2018 then petitioners along with others F.I.R. named accused and 15 to 20 unknown started brick bating on the Police party due to that reason, Police personnel moved from there.

Learned counsel for the petitioners No.1 and 2 submits that, in fact, both the petitioners are brother of coaccused Pappu Mandal, which is said to be wanted in Forbesganj P.S. Case No. 15 of 2018 and due to that reasons, they have falsely been implicated in this case. Having regard to the facts and circumstances of the case, let the above named petitioner No.1 Ashok Mandal and petitioner No.2 Prakash Mandal, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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 Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 16 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T