Triveni Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 59149 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== Triveni Mandal S/O Ganesh Mandal R/O- Rannuchak, P.S.- Nathnagar, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Pravina Kumari, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-10-2023 Heard Ms. Pravina Kumar, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Nathnagar P.S. Case No. 269 of 2022, registered for the offences punishable under Sections 341, 147, 148, 149, 323, 427, 386, 504, 506 of the Indian Penal Code.
3. It is alleged that while the informant was coming from Diwara Mauja Ajmaripur with five loaded and two unloaded tractors he was surrounded by 20-25 co-villagers who started abusing and assaulting him. It is also alleged that the accused persons have damaged the tyre, tubes and the tractor causing loss of Rs.4,00,000/--5,00,000/-.
4. It is submitted on behalf of the petitioner that from
Patna High Court CR. MISC. No. 59149 of 2023(2) dt.11-10-2023 2/3 the narration of the FIR it is evident that no specific allegation has been levelled against the petitioner and at best he can be said to be a member of the mob. She next submits that the persons having identical allegation have been allowed the privilege of anticipatory bail by the learned coordinate Benches of this Court in Cr. Misc. No. 3716 of 2023 and Cr. Misc. No. 71753 of 2022, copies of which have been placed before this Court and the same are taken on record. She lastly submits that though the petitioner is accused in two other criminal cases, however, he is on bail in both the cases and in fact it is the only reason of false implication of the petitioner in the present crime.
5. On the other hand, learned counsel for the State opposed the bail application. However, he shows his inability to refute the contention of the petitioner that similarly situated persons have been allowed the privilege of anticipatory bail.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation and the fact that similarly situated persons have been allowed the privilege of anticipatory bail by the learned coordinate Benches of this Court, the parity also demands similar treatment, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court
Patna High Court CR. MISC. No. 59149 of 2023(2) dt.11-10-2023 3/3 below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar P.S. Case No. 269 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Anjani/- U T