Pramod Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39847 of 2015 Arising Out of PS.Case No. -48 Year- 2014 Thana -JADIA District- SUPAUL ====================================================== Pramod Mandal son of Ganesh Prasad Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that 144 Cr.P.C. proceeding was pending with regard to a land on which the informant claims to have planted potato crop. On 29.04.2014, the accused persons came variously armed and started uprooting the potato crop through tractor which was protested by son of the informant and others when accused persons resorted to fire and throw arrows causing injury to several persons from the informant's side. It is submitted by learned counsel for the petitioner that accusation is omnibus and general against 20 FIR named persons

Patna High Court Cr.Misc. No.39847 of 2015 (3) dt.13-10-2015 2/2 and others unknown. Most of the injuries have been found simple but with regard to some of the injuries the opinion has been kept reserved. The petitioner is a school teacher in government school and he was present in the school on the date of occurrence. A certificate to that effect has been issued by the headmaster of the said school which has been brought on record as annexure-2. Moreover, statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the accusation being omnibus and general against the mob, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Supaul in connection with Jadia P.S. Case No.48 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.