Rupesh Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6318 of 2020 Arising Out of PS. Case No.-240 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== RUPESH KUMAR MANDAL Son of Janardan Mandal Resident of Village - Lakshminia, P.S.- Rupauli, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 392 of the I.P.C.
It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and he has been falsely implicated in this case only on the basis of confessional statement of co-accused Bijay Kumar. Nothing has been
Patna High Court CR. MISC. No.6318 of 2020(3) dt.03-06-2020 2/3 recovered from the possession of petitioner. Similarly placed coaccused, namely, Deepak Mandal has been granted bail by a coordinate Bench of this Court vide order dated 29.05.2020 passed in Cr. Misc. No. 5151 of 2020. Petitioner is in custody since 18.11.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Kharik P.S. Case No. 240 of 2019 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.6318 of 2020(3) dt.03-06-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/rajivU T