Ghanshyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5519 of 2023 Arising Out of PS. Case No.-137 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== GHANSHYAM MANDAL Son of Sri Chhatish Mandal Resident of village - Badiya Mahikhand, P.S.- Raghubansh Nagar, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bihariganj P.S. Case No. 137 of 2020, registered for the offences punishable under Sections 302, 307, and 120B of the Indian Penal Code and Section 27 of the Arms Act.

At the very outset, the learned counsel for the petitioner has submitted that at exactly similar footing coaccused Papal @ Popal Yadav @ Papal Yadav has been granted bail by the coordinate bench in Cr. Misc. No. 22531 of 2023 and co-accused Ranjeet Mandal and Rajesh Kumar @ Rajesh Yadav have been granted bail in Cr. Misc. No. 10177 of 2022 and

Patna High Court CR. MISC. No.5519 of 2023(2) dt.29-04-2023 2/3 11382 of 2022 by the coordinate Bench of this Court. Considering the fact that the case of the petitioner is on exactly similar footing, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 137 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (iii) The petitioner shall make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(iv) Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the

Patna High Court CR. MISC. No.5519 of 2023(2) dt.29-04-2023 3/3 petitioner.

(v) One of the two sureties as mentioned above should be father or mother of the petitioner. (Nawneet Kumar Pandey, J) Sudha/Sonali U T