Nirmal Mandal @ Nirmal Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8553 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- JALALGARH District- Purnia ====================================================== Nirmal Mandal @ Nirmal Kumar Mandal, aged about 24 years, (Male), Son of Biren Mandal Resident of Village - Gumti Baraita, P.S.- Kasba, DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Jalalgarh P.S. Case No. 174 of 2018 registered for the offence punishable under Sections 457, 380, 411 and 414 of the Indian Penal Code.

Informant has alleged that while all the family members were sleeping, some thieves entered into the house and took away jewellery, and other household articles as well as cash kept in Almirah.

It has been submitted on behalf of the petitioner that he has been implicated in this case on the confession made by Ajay Kumar Mandal and on the basis of which one stolen mobile was recovered from his possession. It has further been submitted that he had purchased said mobile on

Patna High Court CR. MISC. No.8553 of 2019(2) dt.01-03-2019 2/3 consideration and he has nothing to do with the theft committed in the house of informant. Petitioner has no criminal antecedent and he is in custody since 17.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Jalalgarh P.S. Case No. 174 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court CR. MISC. No.8553 of 2019(2) dt.01-03-2019 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T