Ratan Mandal vs The State Of Bihar
2021 Latest Caselaw 1483 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.33874 of 2020
           Arising Out of PS. Case No.-239 Year-2020 Thana- GOGRI District- Khagaria
     ======================================================

1. Ratan Mandal aged about 32 years, Male, son of Tunai Mandal

2. Dhirendra Mandal @ Dhiran Mandal, aged about 30 years, son of Saudi Mandal Both resident of Village - Gogri Kundi, P.S.- Gogri, District - Khagaria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ram Sumiran Rai, learned counsel for the

petitioners and Mr. Bharat Bhushan, learned Additional Public

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

3. The petitioners apprehend arrest in connection with

Gogri PS Case No. 239 of 2020 dated 30.06.2020, instituted under

Sections 147, 148, 149, 341, 323, 504, 506, 353, 427, 188, 269,

270 and 271 of the Indian Penal Code.

4. The allegation against the petitioners and two other

named and 2-3 unknown persons is of obstructing the team, which

had gone for COVID-19 testing and also abusing and assaulting Patna High Court CR. MISC. No.33874 of 2020 dt.16-03-2021

them with brick-bats which also damaged the glass of their

vehicle.

5. Learned counsel for the petitioners submitted that

there was some resentment among the villagers as the medical

team which was to arrive in the morning at about 9.30 AM had

reached there only at 3.30 PM. However, it was submitted that the

petitioners were not present and only because of some village

politics, their name has been introduced. Learned counsel

submitted that the petitioners have no criminal antecedent.

6. Learned APP submitted that the petitioners have not

only obstructed the medical team which had gone for test of

COVID-19 but had also abused and assaulted the team causing

damage to their vehicle. It was further submitted that photographs

have also been taken by the informant with regard to the conduct

of the petitioners who have abused and threatened the informant

side and assaulted them with brick-bats and justifying the same by

taking the stand that the villagers were protesting at such test. It

was submitted that the same is a direct defiance to the rule of law

and a serious and dangerous threat; where private persons tried to

intimidate and prevent persons from discharging their official

duties, especially where the system was trying to contain and

control the spread of COVID-19 virus.

Patna High Court CR. MISC. No.33874 of 2020 dt.16-03-2021

7. Having considered the facts and circumstances of the

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

is not inclined to grant pre-arrest bail to the petitioners.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T