Binod Mandal @ Binod Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54987 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- DELHA District- Gaya ====================================================== 1.

Binod Mandal @ Binod Kumar Mandal, S/O Late Ram Swaroop Mandal R/O Village- Loco Colony, P.S.- Delha, District- Gaya. 2.

Dilip Mandal @ Dilip Kumar Mandal, S/O Late Ram Swaroop Mandal R/O Village- Loco Colony, P.S.- Delha, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Delha P.S. Case No.167 of 2019 for the offence punishable under Sections 147, 148, 149, 341, 323, 353/34 of the Indian Penal Code. The allegation against the petitioners is that petitioners instigated the ante-social element for creating jam near Bageshwari Thakurwadi Main road and raised slogan against the police. It has further been alleged that petitioners were main leader and they were instigating public for pelting stones upon police party who were there for removal of road jam.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent and have falsely been dragged in this case inasmuch as the members of the general public were pelting

Patna High Court CR. MISC. No.54987 of 2019(2) dt.30-08-2019 2/2 stones for non-supply of water. Learned counsel further submits that the police was maintaining law and owner and some of the persons present there started pelting stones upon the police party and there is no role of the petitioners in this regard.

After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there is no specific allegation of assault upon police party against the petitioners and further no injury has been found, as such, I am inclined to grant anticipatory bail to all these petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Gaya, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T