Bunali Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74392 of 2019 Arising Out of PS. Case No.-196 Year-2017 Thana- DHURAIYA District- Banka ====================================================== 1.

BUNALI MANDAL Son of Etbari Mandal Resident of Village - Batsar, P.S.- Dhoraiya, District - Banka.

2.

Mithilesh Mandal @ Mithilesh Kumar Mandal @ Mithilesh Kumar Singh Son of Etbari Mandal Resident of Village - Batsar, P.S.- Dhoraiya, District - Banka.

3.

Kapildeo Mandal @ Kapil Mandal Son of Late Muni Lal Mandal Resident of Village - Batsar, P.S.- Dhoraiya, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Dhoraiya P.S. Case No.196 of 2017, disclosing the offences under Sections 147, 148, 149, 341, 323, 325, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners contends that the Police upon completion of investigation, has submitted charge sheet against some of the persons named in the First Information Report, but not against these petitioners in the absence of any incriminating material collected against him during investigation. He submits that

Patna High Court CR. MISC. No.74392 of 2019(2) dt.27-11-2019 2/2 the court below, however, after taking cognizance of the offence, has summoned these petitioners also, and for the said reason, they apprehend their arrest.

Considering the submission that the investigation is complete and according to the Police, no material could be collected against these petitioners for them being forwarded to the court, for trial, in my view, the case of grant of anticipatory bail is made out. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each to the satisfaction of Sri Vikash Kumar, learned Judicial Magistrate, 1st Class, Banka, in connection with Dhoraiya P.S. Case No.196 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T