Nagmani Mandal @ Manish Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1874 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -BANKA District- BANKA ====================================================== Nagmani Mandal @ Manish Mandal, Son of Bateshwar Mandal, Resident of Village-Bijay Nagar, P.S+ District - Banka. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Jha For the Opposite Party : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Banka P.S. Case No. 44 of 2015, registered under Section 395 and 397 of the Indian Penal Code and Section 3/4 of Explosive Substance Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the F.I.R. in course of investigation, the Police raided the house of the petitioner from where arms, bomb making apparatus and cash are said to be recovered from the joint house of the petitioner regarding which a separate case i.e. Banka P.S. Case No. 53 of 2015 was instituted against petitioner, his brother and his father and recording the confessional statement of the petitioner, the petitioner was remanded in the present case, except the

Patna High Court Cr.Misc. No.1874 of 2016 (3) dt.04-03-2016 2/2 confessional statement there is nothing against the petitioner to show his involvement in the present case. While the informant claimed to identify the culprits on seeing them again, but he has not been put up on T.I.P. The petitioner is in custody since 19.02.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. District and Sessions Judge-Vth, Banka (S.T. No. 141 of 2015) in connection with Banka P.S. Case No. 44 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Rajendra Kumar Mishra, J) manish/- U T