Sushil Mandal vs The State Of Bihar
2021 Latest Caselaw 1424 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.31971 of 2020
      Arising Out of PS. Case No.-924 Year-2019 Thana- FORBESGANJ District- Araria
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Sushil Mandal, Male, aged about 27 years, S/o Ramdev Mandal, resident of Village- Jagir Tola, Halhalia, Ward No.13, P.S.- Simraha, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the State : Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-03-2021

Heard Mr. Gopal Kumar Jha, learned counsel for the

petitioner and Mr. Raj Kishore Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Forbesganj PS Case No. 924 of 2019 dated 23.09.2019,

instituted under Sections 147, 148, 149, 341, 342, 323, 324, 325,

307, 337, 338, 379, 504 of the Indian Penal Code.

3. The FIR, which is against 5000-7000 unknown

persons and 51 named persons, including the petitioner, is of

forming unlawful assembly and attacking the police when they

arrived to save some persons, whom the mob wanted to lynch

on the suspicion that they were child lifters.

4. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.31971 of 2020 dt.12-03-2021

some persons were caught by the villagers on the suspicion of

being child lifters and a crowd has gathered and due to mala

fide reason, the police have implicated him. It was submitted

that for the same offence the persons, who were detained, have

also filed FIR and besides the present and the other case, there is

no other case against the petitioner. Learned counsel submitted

that 34 similarly situated named co-accused have been granted

anticipatory bail by various co-ordinate Benches.

5. Learned APP submitted that the petitioner was part

of an unlawful assembly.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

four weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs.25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the CJM, Araria, in Forbesganj PS Case No.924 of 2019, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973, and further (i) that one of the bailors

shall be a close relative of the petitioner, (ii) that the petitioner

and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also Patna High Court CR. MISC. No.31971 of 2020 dt.12-03-2021

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of

hearing to the petitioner.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T