Patna High CourtCR. MISC./82629/2024bail granted

Ajay Mandal @ Ajay Kumar Mandal v. The State Of Bihar

2024-12-02Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82629 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Ajay Mandal @ Ajay Kumar Mandal Son of Jawahar Mandal Resident of Village - Ahiro, P.S. - Dhoraiya, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his 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 352(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that having received secret information about altercation 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 petitioner herein along with 25-30 others are

Patna High Court CR. MISC. No.82629 of 2024(2) dt.02-12-2024 2/3 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 petitioner submits that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. Co-accused Jay Prakash Mandal and Pankaj Mandal have been enlarged on anticipatory bail vide order dated 14.11.2024 passed in Cr. Misc. no. 75540 of 2024 and Cr. Misc. no. 75867 of 2024. 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 petitioner undertakes 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 allegation against the petitioner in the F.I.R, grant of bail to co-accused Jay Prakash Mandal and Pankaj Mandal vide aforesaid order dated 14.11.2024 and the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four

Patna High Court CR. MISC. No.82629 of 2024(2) dt.02-12-2024 3/3 weeks, be released on anticipatory bail in connection with Dhoraiya P.S. Case no. 252 of 2024 on 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) Shiv/- U T