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Patna High CourtCR. MISC./78885/2023allowed

August Mandal @Abhishek Priyadarshi v. The State Of Bihar

2023-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78885 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- ALOULI District- Khagaria ====================================================== 1.

August Mandal @ABHISHEK Priyadarshi Son Of Late Nand Kishore Mandal Resident Of Village- Rampur Alauli, Ps And Po- Alauli, DisttKhagaria 2.

Piyush Kumar Son Of Company Mandal Resident Of Village- Rampur Alauli, Ps And Po- Alauli, Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 353, 504, 506, 295(A) of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have created hindrance in discharging the duty of the police officials and tried to spread religious frenzy by using decent language.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that all sections are bailable except Sections 353 and 295A of the IPC. He submits that there is no

Patna High Court CR. MISC. No.78885 of 2023(2) dt.12-12-2023 2/2 specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner no. 1 has five criminal antecedents and petitioner no. 2 has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Alauli P.S. Case No. 128 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T