Patna High CourtCR. MISC./3652/2019bail granted

Nitish Mandal @ Nitish Kumar v. The State Of Bihar

2019-01-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3652 of 2019 Arising Out of PS. Case No.-55 Year-2018 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Nitish Mandal @ Nitish Kumar son of Lalan Mandal @ Narayan Mandal R/o Village- Taigaypur,P.S- Jagdishpur at present Address R/o village- Baunsipur, Near Railway Jhoparpatti, P.S- Ishakchak, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ishakchak P.S. Case No. 55 of 2018 instituted for the offence under Section(s) 394/34 of the Indian Penal Code. Later on, Section 395 of I.P.C. was added.

Learned counsel for petitioner submits that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of this petitioner. No TIP has been held. The name of this petitioner has come in the instant case on the basis of bag which is alleged to have been left by the accused persons from which four pieces of photographs and one paper along with other articles were

Patna High Court Cr.Misc. No.3652 of 2019(2) dt.30-01-2019 2/2 recovered. It is alleged that on the paper the name of this petitioner along with another person, namely Nitish were mentioned The other co -accused of this case, namely Manish Kumar @ Manish Mandal with similar allegation has already been granted bail by this Hon'ble Court by order dated 1.10.2018 passed in Cr. Misc. no. 49958 of 2018. The petitioner is in custody since 13.3.2018. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Bhagalpur in connection with Ishakchak P.S. Case No. 55 of 2018, S.T. No. 539 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T