Subhas Mandal @ Subas Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.22600 of 2016 (3) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22600 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -TATARPUR District- BHAGALPUR ======================================================

1. Subhas Mandal @ Subas Mandal Son of Late Damodar Mandal, Resident of Village- Daspur, P.S. Sajour, District- Bhagalpur..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Tatarpur P.S. Case No. 14 of 2016 registered for the offences punishable under Sections 399, 402, 412 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

Allegedly, acting on an information that some miscreants being armed assembled in Scorpio vehicle near SBI ATM for committing dacoity, raid was conducted but one person fled away and others were apprehended including the petitioner and from the vehicle several stolen articles as per seizure list were recovered and from possession of the petitioner one live cartridge was recovered.

Submission is of false implication and that the petitioner has been made victim of circumstances, nothing has been

Patna High Court Cr.Misc. No.22600 of 2016 (3) dt.12-07-2016 recovered, he is in custody since 23.01.2016 and now he has sufficiently been penalized.

Learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent also. In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Tatarpur P.S. Case No. 14 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T