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Patna High CourtCR. MISC./2697/2019bail granted

Abdhesh Mandal @ Umesh Fauzi v. The State Of Bihar

2019-01-23Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2697 of 2019 Arising Out of PS. Case No.-377 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== Abdhesh Mandal @ Umesh Fauzi Tarani Mandal Resident of Village- Bijay Bazar, P.S.- Mohanpur, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gopalpur (Ranga) P.S. Case No. 377 of 2018 registered for the offence punishable under Sections 406, 419, 420/34 of the Indian Penal Code. Allegation against the petitioner is of taking Rs. 80000/- from the Informant on the pretext of purchasing her goods from the Canteen and Rs. 15000/- from the renter of the Informant for purchasing him mobile.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Specific allegation of taking money is against Raj Kumar Sharma and not against the petitioner. Petitioner has got no criminal antecedent and is in custody since 18.10.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.2697 of 2019(2) dt.23-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Naugachia, Bhagalpur, in connection with Gopalpur (Ranga) P.S. Case No. 377 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U