IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24211 of 2011
Shambhu Mandal, Son of Bhagat Mandal, resident of Village-Pholkia Akoshi
Tola, P.S.-Ghogha, District-Bhagalpur. .............Petitioner.
Versus
The State of Bihar .......Opp. Party.
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2. 22.07.2011 Heard learned counsel for the petitioner and
learned counsel appearing for the State.
The petitioner apprehends arrest in connection
with a case registered for the offence under sections 384,
364 and 34 of the Indian Penal Code.
In the F.I.R. altogether 18 persons including the
petitioner have been named whereas 10-12 unknown
persons are also alleged to have participated in the
occurrence. It is alleged that the accused persons being
variously armed with deadly weapons, ordered the
informant and his companions who are fishermen to come
near the bank of the river when they came at the bank of
the river, the accused persons asked as to why they did
not give Rs. 500/- and 25 Kg. rice per boat. Thereafter,
the accused persons tried to take away the informant and
others towards Bhajaiya Baihar, in the meantime, the
accused persons fled away as they noticed that police
personnel were coming on two boats.
Learned counsel for the petitioner submits that
the present case has been instituted with oblique motive
due to dirty village politics. There is no specific allegation
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against the petitioner. The allegations are general and
omnibus in nature. No offence under Section 384 IPC and
/ or under Section 364 IPC would be attracted in the facts
and circumstances of the case.
It has also been submitted that petitioner has
got no criminal antecedent, which fact should be verified
by the court below.
Learned counsel for the State opposes the
prayer for grant of bail.
Taking into consideration the aforesaid
submission let the petitioner, namely, Shambhu Mandal
in the event of his arrest or surrender before the Court
below within a period of four weeks from the date of
communication of this order, be released on provisional
bail on furnishing bail bond of Rs. 5,000/- (Five
thousand) with two sureties of the like amount each to
the satisfaction of A.C.J.M., Naugachia in connection with
Gopalpur P.S. Case No. 152 of 2001 and the provisional
bail so granted should be confirmed only after receipt of
report regarding criminal antecedent of the petitioner. It is
made clear that in case it is found that the petitioner is
accused in any other case the provisional bail so granted
shall immediately be cancelled.
Sanjeet (Ashwani Kumar Singh, J.)