Jay Prakash Mandal @ Jai Prakash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75540 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Jay Prakash Mandal @ Jai Prakash Mandal Son of Late Indra Mohan Mandal Resident of Village - Ahiro, P.S. - Dhoraiya, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75867 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Pankaj Mandal @ Pankaj Kumar S/O Late Lal Bahadur Mandal R/O VillageAhiro, P.S- Dhoraiya, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 75540 of 2024) For the Petitioner/s :
Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP (In CRIMINAL MISCELLANEOUS No. 75867 of 2024) For the Petitioner/s :
Mr.Brij Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-11-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Dhoraiya P.S. Case no. 252 of 2024 registered 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
Patna High Court CR. MISC. No.75540 of 2024(2) dt.14-11-2024 2/3 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 F.I.R. including the two petitioners herein along with 25-30 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 the both the applications submits that the petitioners were not involved in the occurrence in any manner and have been falsely implicated in the case at the instance of their enemies. 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 at Bhagalpur as no further treatment was required. The petitioners undertake to cooperate in the case.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners
Patna High Court CR. MISC. No.75540 of 2024(2) dt.14-11-2024 3/3 in the F.I.R., it is directed that both the 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.
(Partha Sarthy, J) avinash/- U T