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Patna High CourtCR. MISC./54875/2019bail granted

Vishal Kumar @ Vishal Mandal v. The State Of Bihar

2019-09-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54875 of 2019 Arising Out of PS. Case No.-389 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== VISHAL KUMAR @ VISHAL MANDAL S/O Bipin Mandal Resident of village- Murliganj, Ward No.-04, P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2019 Heard both sides.

The petitioner apprehends his arrest in Murliganj P.S. Case No.389 of 2018 registered under Sections 147, 149, 341, 342, 353, 427, 379, 436 and 506 of the Indian Penal Code. The A.S.I. of police lodged the case on the allegation that one bus dashed Sarita Kumari on account of rash and negligent driving and Sarita Kumari died on the spot. Being agitated by the road accident, the villagers of the vicinity assembled there, set ablaze the bus and the hut situated near the barrier in which the police constables were sitting. The informant further alleged that Choukidar and the villagers disclosed the name of members of the mob who set ablaze the bus and hut.

The learned counsel for the petitioner submits that due

Patna High Court CR. MISC. No.54875 of 2019(2) dt.02-09-2019 2/2 to bus accident in which the child was killed, petitioner was not even present on the spot but his name has also been mentioned. Similarly situated co-accused namely, Prakash Kumar Mandal has already been enlarged on anticipatory bail by order dated 29.04.2019. The case of the petitioner stands on the same footing.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No.389 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T