Jhantu Kumar Mandal @ Ghantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6478 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- AMARPUR District- Banka ====================================================== Jhantu Kumar Mandal @ Ghantu S/O Prakash Mandal, R/V- Hariyari, P.S.- Poraiya Hat, District- Godda (jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 189 of 2022, corresponding to Spl. Excise Reg. No.340 of 2022 lodged under Sections 272, 273, 302, 328 and 325/34 of the Indian Penal Code and Sections 33, 34 and 37(B) of Bihar Prohibition and Excise Amendment Act, 2018.

Counsel for the petitioner submits that vide order dated 02.12.2022 passed in Cr. Misc. No. 55859 of 2022 bail application of the present petitioner has been rejected with liberty to renew his prayer for bail after framing of charge.

Patna High Court CR. MISC. No.6478 of 2023(2) dt.01-02-2023 2/3 Counsel for the petitioner submits that the copy of the charge is annexed in Annexure-3.

Learned counsel for the State submits that charge has been framed.

In this view of the matter, let the petitioner is directed to be released on bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge-2nd, Banka in connection with Amarpur P.S. Case No. 189 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of

Patna High Court CR. MISC. No.6478 of 2023(2) dt.01-02-2023 3/3 this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U