Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17667 of 2016 Arising Out of PS.Case No. -211 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Manoj Mandal, son of Hira Mandal, resident of Village Kama Asthan Baigna, P.S. K. Nagar (Maranga) District Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Avinish Kumar For the Opposite Party : Mr. Jagdhar Prasad(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with K. Nagar (Maranga) P.S. Case No. 211 of 2015 for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 332, 186, 427, 379, 504 of the Indian Penal Code.

The Prosecution case is that the informant who is the Revenue Officer, K Nagar (Maranga) at Purnea lodged a First Information Report alleging therein that the petitioner along with six other co-accused and other 300-400 unnamed persons caused obstruction in the distribution of relief to the storm hit ward No. 1 and 2 of the said Sahara panchayat and also assaulted, abused the officials and damaged official documents and papers. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent has no criminal antecedent and rather he along with other persons were helping in fair distribution of relief to the storm hit victims but the local public

Patna High Court Cr.Misc. No.17667 of 2016 (2) dt.03-05-2016 2/2 representatives were indulging in some irregularities. It has further been submitted that allegations upon the petitioner is general and omnibus and two other named accused has since been granted the privilege of anticipatory bail by a Coordinate Bench of this Court in Cri. Misc. No. 5956 of 2016 on 23.02.2016 on similar allegations.

However, the learned APP for the State submits that although there was mob of 300-400 but the petitioner is named in the FIR hence, opposes the prayer for bail.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K Nagar (Maranga) P.S. Case No. 211 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is also subject to the condition that the petitioner shall present himself before the police/Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Nilu Agrawal, J.) Rajiv/- U T