Amar Mandal Alias Amarnath Mandal Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

Amar Mandal Alias Amarnath Mandal Vs the State of… — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks from the date of the order, release on bail on depositing cash security of Rs.50,000/- and furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Pakur, in connection with Pakur Town P.S. Case No.255 of 2024, subject to conditions including cooperation with investigation, furnishing mobile number and Aadhar Card copy, non-change of mobile number, non-annoyance of hospital doctors/staff, and the conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Pakur Town P.S. Case No.255 of 2024 (B.N.S., 2023, ss. 132/351(2)/115(2)/324(2)/109(1)/3(5)), should be granted the privilege of anticipatory bail.

Court's answer

Considering the submissions of the counsels, the Court held it is a fit case where the petitioner be given the privilege of anticipatory bail.

Ratio / Principle

In the event of his arrest or surrender within six weeks from the date of the order, the petitioner is to be released on bail on depositing cash security of Rs.50,000/- and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Pakur, in connection with Pakur Town P.S. Case No.255 of 2024, subject to conditions that he cooperate with the investigation, appear before the Investigating Officer as and when noticed, furnish his mobile number and a copy of his Aadhar Card in the court below with an undertaking not to change his mobile number during the pendency of the case, not annoy or disturb the doctors or staff of the hospital, and comply with the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — grant: Apprehending arrest in Pakur Town P.S. Case No.255 of 2024 (ss. 132/351(2)/115(2)/324(2)/109(1)/3(5), B.N.S., 2023) over the alleged entry into a hospital with co-accused, abuse, assault of and threat to Dr. Anand Kumar, threat to set fire to the hospital and shooting him dead consequent upon the death of Manju Devi, the petitioner's relative, Amar Mandal @ Amarnath Mandal was held a fit case for anticipatory bail. On arrest or surrender within six weeks of the order, he is to be released on bail before the learned Chief Judicial Magistrate, Pakur on depositing cash security of Rs.50,000/- and furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, conditioned on cooperation with the investigation, appearance before the Investigating Officer, furnishing his mobile number and Aadhar Card copy with an undertaking not to change the mobile number, non-annoyance of the hospital doctors/staff, and the conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.; Order No.02 dated 23.01.2025)

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 306 of 2025

Amar Mandal @ Amarnath Mandal, aged about 43 years, S/o Madan Mandal, R/o Village –Teliyachak, P.O. –Kathikund, P.S. –Kathikund, District –Dumka, Jharkhand.

… Petitioner Versus The State of Jharkhand … Opposite Party ------

CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------ For the Petitioner : Mr. Kumar Nilesh, Advocate : Mr. Anuj Kr. Trivedi, Advocate For the State : Mr. Amrita Kumari, Addl. P.P. ------

Order No.02 Dated- 23.01.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pakur Town P.S. Case No.255 of 2024 registered under sections 132/ 351(2)/115(2)/324(2)/109(1)/3(5) of the B.N.S., 2023.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons entered into the hospital, abused, assaulted and threatened Dr. Anand Kumar and also threatened to set fire to the hospital and shot him dead consequent upon death of Manju Devi, the relative of the petitioner. It is further submitted that the allegations against the petitioner are all false. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case and further undertakes that he will not annoy or disturb the doctors and staff of the hospital in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.50,000/- and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Pakur, in connection with Pakur Town P.S. Case No.255 of 2024 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that that he will not annoy or disturb the doctors or staff of the hospital in any manner during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-