Sonu Mandal @ Akchhey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9446 of 2015 Arising Out of P. S. Case No. -171 Year- 2013 Thana -SAHKUND DistrictBHAGALPUR ====================================================== Sonu Mandal @ Akchhey Son of Sri Suboth Mandal @ Subodh Kumar Resident of village - Purani Kherhi, P.S. Sahkund, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Adv. For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of IPC. Allegation against the petitioner is that he was riding on the motorcycle of the deceased Ravikant, brother of the informant. They went to the market and thereafter the deceased did not return. Later on, the dead body of Ravikant was found in a ditch.

It is submitted that from perusal of the FIR it appears that the petitioner has no enmity either with the informant or the deceased. Pappu Mahto, Niranjan Mahto and Shyam Mahto had threatened the informant that he or his

Patna High Court Cr.Misc. No.9446 of 2015 (3) dt.23-06-2015 2/3 brother would face dire consequence. There is no allegation against the petitioner. He was only last seen with the deceased. There is no eye witness to the occurrence. However, after investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses. It is further submitted that the petitioner is in custody since 17.6.2014.

Learned counsel for the State submits that the petitioner has also criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned S. D. J. M., Bhagalpur/court concerned in Shahkund P. S. Case No. 171 of 2013 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two

Patna High Court Cr.Misc. No.9446 of 2015 (3) dt.23-06-2015 3/3 consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T