Ashok Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88689 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.
Ashok Mandal Son of Late Singeshwar Mandal R/o Village-Ahiro, P.SDhoraiya, District-Banka 2.
Ashish Mandal @ Ashish Kumar Mandal Son of Ashok Mandal R/o VillageAhiro, P.S-Dhoraiya, District-Banka 3.
Amar Kumar Son of Ashok Mandal R/o Village-Ahiro, P.S-Dhoraiya, District-Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-02-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their 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 351(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
Patna High Court CR. MISC. No.88689 of 2024(3) dt.15-02-2025 2/3 after great effort, peace could be restored and the injured taken for treatment. The informant states that 33 persons named in the FIR including the three petitioners herein along with 20-25 others are 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 petitioners submits that the petitioners were not involved in the occurrence in any manner and have been falsely implicated in the case at the instance of Choukidar with whom their relationship is strained. The allegations are general and omnibus in nature. A number of coaccused have been enlarged on bail vide common orders dated 12.11.2024 and 14.11.2024 ie Anneuxre-P/3 series. The petitioners undertake to cooperate in the investigation/trial.
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 allegations against the petitioners in the F.I.R., the same being general and omnibus in nature, the submissions made and grant of bail to large number of similarly situated co-accused vide aforesaid orders dated 12.11.2024 and 14.11.2024 (Annexure-P/3 series), it is directed that all the three
Patna High Court CR. MISC. No.88689 of 2024(3) dt.15-02-2025 3/3 petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dhoraiya P.S. Case no. 252 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Banka.
(Partha Sarthy, J) avinash/- U T