Saudagar Mandal @ Soudagar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74087 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.

Taiyab Ansari @ Md. Taiyab Ansari son of Md. Tahir Ansari 2.

Mansoor Ansari son of Md. Tahir Ansari 3.

Murshid Ansari @ Md. Murshid Ansari @ Mirsid Ansari son of Habib Ansari 4.

Rehan Ansari @ Rehan Zafar Son of Faruk Ansari All resident of village - Ahro, PS- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 74397 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.

Saudagar Mandal @ Soudagar Mandal Son of Tarni Mandal 2.

Amit Kumar Mandal @ Amit Mandal @ Amit Son of Saudagar Mandal Both Residents of Village - Ahiro, Police Station - Dhoraiya, District - Banka ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 74087 of 2024) For the Petitioner/s :

Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP (In CRIMINAL MISCELLANEOUS No. 74397 of 2024) For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-11-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for bail apprehending their arrest in connection with Dhoraiya P.S. Case

Patna High Court CR. MISC. No.74087 of 2024(2) dt.12-11-2024 2/3 no.252 of 2024 registered for the offence punishable under sections 191(2), 190, 126(2), 115(2), 118(2), 109(1), 132, 223, 121(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that having received secret information about altercation between two parties, giving information about the same to the higher officials, the informant proceeded towards the place of occurrence along with other police personnel. It is stated that after great effort, peace could be restored and the injured taken for treatment. The informant states that 33 persons named in the FIR including the six petitioners herein along with 20-25 others are involved in the occurrence. The injured were taken to CHC, Dhoraiya from where after preliminary treatment, they were referred to JLNMCH, Bhagalpur.

4. Learned counsel for the petitioners in both the applications submitted that the petitioners were not involved in the occurrence in any manner and have been falsely implicated in the case. They have been implicated at the instance of their enemies and the Choukidar who is on inimical terms. The allegations are general and omnibus in nature. It is further submitted that even the so called police personnel who is said to have been referred to JLNMCH never went to the said hospital

Patna High Court CR. MISC. No.74087 of 2024(2) dt.12-11-2024 3/3 at Bhagalpur as no further treatment was required. The petitioners undertake to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioners in the FIR, it is directed that all the six petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dhoraiya P.S. Case no.252 of 2024 on each of them 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, Banka in Cr. Misc. no.74087 of 2024 and to the satisfaction of the learned A.C.J.M. III, Banka in Cr. Misc. no.74397 of 2024.

(Partha Sarthy, J) Saurabh/- U T