Pintu Mandal @ Mokku Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73147 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- PIRI BAZAR District- Lakhisarai ====================================================== 1.
PINTU MANDAL @ MOKKU MANDAL Son of Musho Mandal Resident of Village- Loshghani, but alleged to R/O Village- Bariyarpur, P.S.- Piribazar, District- Lakhisarai 2.
BIJAY MANDAL @ BIJAY KUMAR Son of Aghari Mandal Resident of Village- Loshghani but alleged to R/O Village- Bariyarpur, P.S.- Piribazar, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Piribazar PS case no. 23 of 2022, registered for the offences punishable under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act. The allegation is regarding 18 persons including the petitioners herein having tried to take away the informant on pistol point, when he had gone to attend feast at the house of one Prakash Mandal, however on account of intervention of the co-villagers, the informant could be saved. It is also alleged that the accused persons had snatched a gold chain and a sum of
Patna High Court CR. MISC. No.73147 of 2022(2) dt.29-04-2023 2/3 Rs. 5,000/- from the informant.
The learned counsel for the petitioners submits that petitioners are innocent, have been falsely implicated in the present case and are having a clean antecedent. The learned counsel for the petitioners has further submitted that the petitioners are having no complicity in the matter and a general and omnibus allegation has been levelled against them. It is also submitted that there is no allegation of any overt act qua the petitioners herein.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that no specific allegation of any overt act has been levelled qua the petitioners herein, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail.
Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand)
Patna High Court CR. MISC. No.73147 of 2022(2) dt.29-04-2023 3/3 each with two sureties of the like amount each to the satisfaction of J.M. 1st class, Lakhisarai in connection with Piribazar PS case no. 23 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T