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Patna High CourtCR. MISC./69865/2025allowed

Manoj Mandal v. The State Of Bihar

2025-10-08Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69865 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Manoj Mandal, Son of Late Ram Kumar Mandal, Resident of Village- Hati, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-10-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Biraul P.S. Case No. 130 of 2024 registered for the offences punishable under Sections 147, 148, 149, 120(B), 186, 188, 341, 342, 323, 324, 325, 332, 333, 353, 307, 337, 354(B), 504 and 506 of the Indian Penal Code.

3. Allegedly a motorcycle was coming rashly and negligently from Kusheshwar Asthan side dashed with a Tempo, resulting into injuries to some of the persons, out of which one person died on the spot. The nearby local people alleged to have instigated hundred of the persons to enter the police station premises and they ransacked the police station. It is further alleged that some of the persons were holding inflammable substance in their hands and raising slogans against the police

Patna High Court CR. MISC. No.69865 of 2025(2) dt.08-10-2025 2/3 and tried to set ablaze the police station. The petitioner and other co-accused persons were identified by video footage with the help of Mahal Chaukidar. The petitioner is said to be one of the persons, who allegedly participated in the occurrence and making slogan against the police parties.

4. Learned Advocate for the petitioner submitted that though the petitioner was identified through the alleged Video footage, but it has not been disclosed as to what role has been attributed to the petitioner. The F.I.R. has been instituted against 38 named accused persons and 200-250 unknown persons with omnibus nature of allegation. Taking note of the aforesaid facts, co-accused persons, facing identical allegation, have been allowed the privilege of anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 16376 of 2025 vide order dated 04.07.2025 and Cr. Misc. No. 47683 of 2025 vide order dated 29.08.2025; both the orders have been placed on record as Annexure-P/2 Series. The petitioner bears fair antecedent and undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposed the bail application and submits that complicity of the petitioner has been found in the video footage,

Patna High Court CR. MISC. No.69865 of 2025(2) dt.08-10-2025 3/3 based upon which the F.I.R. has been instituted. The petitioner had not only ransacked the police station, but also caused serious obstruction in discharge of the official duties.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation and the fact that the case of the petitioner is based on parity, coupled with his fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Biraul, Darbhanga in connection with Biraul P.S. Case No. 130 of 2024, subject to the condition as laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T