Dhiraj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42601 of 2014 Arising Out of PS.Case No. -69 Year- 2014 Thana -RAHIKA District- MADHUBANI ====================================================== Dhiraj Mandal, Son of Late Ramjee Mandal, resident of village- Sapta Chhotai Patti, P.S.-Rahika, District-Madhubani .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kripa Nand Jha For the Opposite Party : Mr. Uma Nath Mishra, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-01-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 307 and some other allied offences of the Indian Penal Code.

It is submitted that the petitioner is an old man aged about 64 years and in the FIR, vide Annexure-1, though he is named as an accused, but no specific role has been assigned to him for causing injury to the injured person. It is further highlighted that the petitioner is in judicial custody since 11.08.2014. Be that as it may, in the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Rahika P.S.Case No.69 of 2014, subject to the conditions that:

(A) One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship

Patna High Court Cr.Misc. No.42601 of 2014 (3) dt.21-01-2015 with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Arvind/- U T