← Library
Patna High CourtCR. MISC./84170/2023allowed

Deepak Mandal @ Deepak Kumar Mandal @ Bihari Mandal v. The State Of Bihar

2024-01-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84170 of 2023 Arising Out of PS. Case No.-32 Year-2015 Thana- SUPAUL District- Supaul ====================================================== 1.

Deepak Mandal @ Deepak Kumar Mandal @ Bihari Mandal S/O Late Gopal Mandal Village- Itahari, Tola- Dhapriya, Ps. Supaul, Dist. Supaul. 2.

Jago Mandal S/O Late Gopal Mandal Village- Itahari, Tola- Dhapriya, Ps. Supaul, Dist. Supaul.

3.

Vipin Mandal S/O Late Gopal Mandal Village- Itahari, Tola- Dhapriya, Ps. Supaul, Dist. Supaul.

4.

Chhotelal Mandal S/O Late Gopal Mandal Village- Itahari, Tola- Dhapriya, Ps. Supaul, Dist. Supaul.

5.

Prabhash Mandal @PRAKASH Mandal @ Prakash Kumar S/O Late Gopal Mandal Village- Itahari, Tola- Dhapriya, Ps. Supaul, Dist. Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Kumar Mehta For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 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, 186, 353 of the Indian Penal Code and 79 of the Police Act.

3. As per prosecution case, all the FIR named persons including these petitioners and 30-40 unknown persons gathered on Collectoriate, Supaul and blocked the road raising slogans against District Administration.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against

Patna High Court CR. MISC. No.84170 of 2023(2) dt.11-01-2024 2/2 the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 15.11.2022 passed in Cr. Misc. No. 32853 of 2022. He further submits that petitioners have 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 Supaul P.S. Case No. 32 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- (Anjani Kumar Sharan, J) U T