Patna High Court - Orders
Ramesh Kumar Mandal @ Ramesh Mandal vs The State Of Bihar on 13 July, 2021
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38435 of 2020
Arising Out of PS. Case No.-65 Year-2020 Thana- CHORAUT District- Sitamarhi
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1. Ramesh Kumar Mandal @ Ramesh Mandal, male, aged about 53 years, Son
of Late Ram Niwas Mandal, Resident of Village Choraut, PS Chouraut,
District Sitamarhi.
2. Ram Snehi Mandal, male, aged about 47 years, Son of Bhola Mandal,
Resident of Village Choraut, PS Chouraut, District Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioners : Mr. Vaidehi Raman Prasad Singh, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
2 13-07-2021Heard Mr. Vaidehi Raman Prasad Singh, the learned counsel appearing on behalf of the petitioners and Mr. Nand Kishore Prasad, the learned Additional P.P. through video conferencing.
Petitioners apprehend their arrest in Choraut P.S. Case No.65 of 2020, registered under Sections 188, 269, 270, 271, 341, 323, 353, 504, 506 and 34 of the Indian Penal Code and under Section 3 of the Indian Epidemic Act.
The Circle Officer alleged that two boys drown in the river Rato. The informant went there in search of the dead bodies but Naresh Mandal abused and assaulted the informant. It is further alleged that the petitioners were also member of the Patna High Court CR. MISC. No.38435 of 2020(2) dt.13-07-2021 2/2 mob.
Learned counsel for the petitioners submits that there is specific allegation against Naresh Mandal. Petitioners were present at the place of occurrence only because two boys of the village of the petitioners drown in the river. There is no specific allegation against the petitioners that petitioners either abused the informant or assaulted the informant.
Taking into consideration the facts and nature of allegation made against the petitioners and the fact that no specific allegation is made against the petitioners, petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupari in connection with Choraut P.S. Case No.65 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) S.KUMAR/-
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