Patna High CourtCR. MISC./30749/2017rejected

Bhagwat Mandal And ANR v. The State Of Bihar

2017-07-10Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30749 of 2017 Arising Out of PS.Case No. -195 Year- 2014 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Bhagwat Mandal, Son of Late Gulab Mandal, Resident of VillageAdraha, P.S.- Kishanpur District- Supaul.

2. Pradeep Mandal, Son of Chandradeo Mandal, Resident of VillageAmha, P.S.- Pipra, District- Supaul. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-07-2017 Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State. Petitioners apprehend their arrest in connection with Kishanpur P.S. Case No.195 of 2014 registered under Sections 147, 148, 149, 186, 341, 342, 323, 332, 353, 380, 308, 427, 452, 504 and 506 of the Indian Penal Code and Sections 3/4 of the Damage to Public Property Act, 1984.

Allegation is that the mob of 150-200 people entered into the chamber of the Circle Officer, Kishanpur and looted cash of rupees 47,605/- kept for depositing in Nazarat. It is further alleged that laptops, printers and many other gadgets kept in the office were looted by those people and the petitioners have been identified amongst them.

Patna High Court Cr.Misc. No.30749 of 2017 (2) dt.10-07-2017 2 / 2 Learned counsel for the petitioners submits that there is no specific allegation against the petitioners and another coaccused Pankaj Kumar Choudhary has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 29.03.2017 passed in Cr. Misc. No.12580 of 2017. The case of the petitioners stands on different footing to Pankaj Kumar Choudhary as police submitted final form against him though investigation with respect to the petitioners is still continuing.

Having considered the nature of offence, prayer for anticipatory bail on behalf of the petitioners is rejected in connection with Kishanpur P.S. Case No.195 of 2014, pending in the court of the learned Chief Judicial Magistrate, Supaul. However, if the petitioners surrender and seek regular bail, the same shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J.) S.Kumar/- U T