Upendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9154 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -PANJWARA District- BANKA ====================================================== Upendra Mandal S/o Radhe Mandal Resident of Nayanagri, P.S. - Panjwara, District - Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-04-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Panjwara P.S. Case No. 08 of 2016 for the offences punishable under sections 353, 379, 147, 148, 149, 341, 201 and 411 of the I.P.C. Allegedly, the petitioner and other FIR named accused persons along with 20-25 unknown took away the seized tractor loaded with some sand from the custody of the police officer, make hue and cry and also burn fire on the road and made obstruction in discharging the government duty after making unlawful assembly.

Submission is of false implication and that there is no

Patna High Court Cr.Misc. No.9154 of 2017 (4) dt.19-04-2017 2/2 specific allegation against the petitioner, the allegations are omnibus and general in nature, how the name of the petitioner has come is not disclosed, the informant is not known to the petitioner, ladies accused have been allowed pre-arrest bail by another coordinate Bench of this Court, vide Cr. Misc. No. 6436 of 2017 and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering that there is no specific allegation against the petitioner, no injury has been caused to any of the police officer and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Banka in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T