Ashok Mandal v. The State Of Jharkhand & Anr. .. ... ...Opp. Party

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 7391 of 2018 1.Girin Mandal, S/o Dhiren Mandal2.Dilip Ghosh, S/o Late Gopal Ghosh3.Yudhisthir Mandal, S/o Niranjan Mandal4.Arjun Mandal, S/o Niranjan Mandal5.Mukul Mandal @ Nakul Mandal, S/o Niranjan Mandal 6. Ashok Mandal, S/o Lakhan Mandal 7.Sambhu @ Sambhu Mandal @ Sambha Mandal, S/o Govind Mandal8.Birbal Mandal, S/o Gobind Mandal9.Nagardeep Ghosh, S/o Late Gopal Ghosh10.Nayan Ghosh, S/o Late Gopal Ghosh11.Madan Ghosh, S/o Anant Lal Ghosh12.Dinesh Ghosh, S/o Anant Lal Ghosh13.Khagen Ghosh, S/o Anant Lal Ghosh14.Pankaj Ghosh, S/o Madan Ghosh15.Ganesh Ghosh, S/o Madan Ghosh16.Dipankar Ghosh, S/o Khagen Ghosh17.Chhotan Ghosh, S/o Khagen Ghosh18.Bibek Ghosh, S/o Dinesh Ghosh19.Arun Mandal, S/o Dhiren Mandal.... .. ...Petitioner(s)Versus The State of Jharkhand & Anr... ... ...Opp. Party........... CORAM:HON'BLE MR. JUSTICE KAILASH PRASAD DEO ......... For the Petitioner(s) :Mr. Deepankar, Advocate.For the State :Mr. Pankaj Kumar, Additional Public Prosecutor .......... 05 / 10.05.2019.Heard learned counsel appearing for the petitioners and learned A.P.P. for theState. The petitioners, who are accused for the offence under Sections 147/ 148/149/323/504 of the Indian Penal Code and under Section 3 /4 of Explosive Substance Act, prayfor anticipatory bail in connection with Radhanagar P.S. Case No. 43 of 2016. Learned counsel appearing for the petitioners has submitted that without goinginto the merits of the case, he wants to withdraw the anticipatory bail on behalf of petitionerNo.1 against whom there is allegation that he was throwing bomb. Accordingly, the prayer for anticipatory bail on behalf of petitioner No.1,namely, Girin Mandal, stands rejected. Learned counsel for the petitioners has further submitted that there is case andcounter-case in between the parties. The present case is Radhanagar P.S. Case No. 43 of2016 and prior to that these petitioners have filed a case which has been registered asRadhanagar P.S. Case No. 42 of 2016, as such, these petitioners except petitioner No.1having no criminal antecedent, may be enlarged on anticipatory bail. Learned counsel for the State while opposing the prayer for anticipatory bail, hasadmitted that there is case and counter-case between the parties. Considering the rival submission of the parties and since there is no specificallegation of any overt act against any of these petitioners except the petitioner No.1, assuch, the petitioners i.e. Petitioner Nos.2 to 19, above-named, are directed to surrenderbefore the court below within four weeks from today and on their surrender, they shall bereleased on anticipatory bail, on furnishing bail bonds of Rs.10,000/- (Rupees TenThousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Rajmahal, in connection with Radhanagar P.S. Case No.43 of 2016 corresponding to G.R. No.296 of 2016, subject to the conditions, as laid downunder Section 438(2) Cr.P.C. on further condition that the petitioners shall appear beforethe learned trial court on each and every date till framing of charge. (Kailash Prasad Deo, J.) Sandeep/