Subhash Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2548 of 2017 Arising Out of PS.Case No. -351 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Subhash Mandal, Son of Janak Lal Mandal @ Janku Mandal.

2. Amlesh Mandal @ Amlesh Kumar, Son of Tarachand Mandal. Both resident of Village- Orahi- Higna, Tola- Tihla, P.S. Simraha, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 04-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Forbesganj (Simraha) P.S. Case No.351 of 2016 registered under Sections 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are not named in the F.I.R. In course of investigation, one Puja Kumari was apprehended by the police and her statement under Section 161 and under Section 164 of the Code of Criminal Procedure was recorded, as detailed in pagagraphs-31 and 38 of the case diary respectively, in which she

Patna High Court Cr.Misc. No.2548 of 2017 (3) dt.04-04-2017 2/2 disclosed the name of seven persons having their hands in causing assault to the deceased, who had come to her house and, later on, in the supervision note of the Dy.S.P., as detailed in paragraph-57 of the case diary, it has come that he came to know about having the hand of the petitioners in the commission of the alleged occurrence due to village politics. Except suspicion raised by the Dy.S.P., as detailed in paragraph-57 of the case diary, nothing has been collected by the Investigating Officer to show the involvement of the petitioners in the present case. The petitioners have no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No.351 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T