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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82796 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- LADANIA District- Madhubani ====================================================== Ashok Mandal @ Ashok Kumar Mandal, Son of Pulkit Mandal, Resident of Village - Sidhap Parsahi, P.S.- Ladaniya, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ladaniya P.S. Case No. 121 of 2019, registered under Sections 147, 148, 149, 341, 323, 307, 3453, 504 and 506 of the Indian Penal Code. The accusation is that in the morning of 07.07.2019, on receiving secret information about lying the dead body in village Lakshmaniya at the bank of river, the informant along with other police personnel reached there then saw that the family members of the deceased were present there and they carried the dead body near the tempo and blocked the road. On persuasion, they become ready to clear the road on lodging the case against S.S.B personnel. Thereafter, FIR was lodged and the dead body was sent for postmortem examination but on instigation of Ganesh Yadav, again

Patna High Court CR. MISC. No.82796 of 2019(2) dt.13-12-2019 2/2 vehicle was stopped in the way by the mob and the dead body was put on the road. At that time, they started raising slogan against the administration. In the meantime, eight persons including the petitioner were identified.

Learned counsel for the petitioner submits that it would appear from the FIR that no specific overt act has been attributed against the petitioner rather it is alleged that petitioner is also one of the member of the mob present at the spot. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Madhubani, in connection with Ladaniya P.S. Case No. 121 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T