Murari Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2387 of 2020 Arising Out of PS. Case No.-923 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Murari Thakur Son of Manoj Thakur 2.

Jitender Thakur Son of Late Indranand Thakur 3.

Arbind Thakur Son of Late Indranand Thakur 4.

Rajesh Thakur Son of Bidyanand Thakur 5.

Manoj Thakur Son of Upender Thakur 6.

Santosh Thakur Son of Late Naresh Thakur 7.

Devsharan Das Son of Paneb Das 8.

Pappu Das Son of Sadanand Das 9.

Ashok Mandal Son of Ramesh Mandal 10.

Nityanand Mandal Son of Daven Mandal All Resident of Village - Thila Mohan, P.S.- Forbesgan (Simraha), District - Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 12671 of 2020 Arising Out of PS. Case No.-923 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

Udranand Mandal Son of Mauji Mandal 2.

Gyanand Mandal @ Gajanand Mandal Son of Late Shivlal Mandal 3.

Jitendra Paswan Son of Dev Narayan Paswan 4.

Arjun Paswan S/o Bhola Paswan 5.

Tapesh Sah Son of Ganeshi Sah 6.

Ashok Mandal Son of Dharmlal Mandal 7.

Pankaj Mandal Son of Yamuna Prasad Mandal All above are Resident of Village - Thila Mohan, P.S.- Forbesganj, Dist.- Araria.

8.

Santosh Sah Son of Bhola Sah 9.

Surya Mandal @ Suraj Mandal Son of Dineshi Mandal @ Dinesh Mandal @ Dinesh Prasad Mandal 10.

Mukesh Mandal Son of Ramdeo Mandal 11.

Raj Kumar Mandal Son of Hardeo Mandal 12.

Ramanand Paswan Son of Rameshwar Paswan

Patna High Court CR. MISC. No.2387 of 2020(6) dt.09-07-2020 2/3 Petitioner Nos. 8 to 12 are Residents of Village - Thila Mohan, P.S.- Forbesganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 2387 of 2020) For the Petitioner/s :

Mr.Arun Kumar Mandal, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP (In CRIMINAL MISCELLANEOUS No. 12671 of 2020) For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-07-2020 Both these matters have been taken up through Video Conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148/149/341/ 342/ 323/ 325 /447 /188/186 /290/353 /337/ 338/307/332/504 of the Indian Penal Code.

According to FIR, the police got information that two persons have been kept in captivity alleging that they were child lifters. When the police reached it found that at the house of Kankir Mandal two persons were kept in captivity and several persons were there. When the police attempted to take away them, the infuriated mob manhandled the police party and

Patna High Court CR. MISC. No.2387 of 2020(6) dt.09-07-2020 3/3 obstructed in discharge of their official duty. There is no specific allegation against the petitioners; rather the petitioners are named in the list of 50 named and 500 unknown persons. Considering no direct allegation against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Forbesganj (Simraha) Police Station Case No.923 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T