Patna High CourtCR. MISC./25220/2015bail granted

Karelal Mandal @ Karuwa @ Shiv Kumar v. The State Of Bihar

2015-10-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25220 of 2015 Arising Out of PS.Case No. -285 Year- 2014 Thana -RUPAULI District- PURNIA ====================================================== Karelal Mandal @ Karuwa @ Shiv Kumar Son of Narain Mandal, resident of village - Madhuban, Tintanga, P.S. Uda Kishanganj, District - Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhola Prasad For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-10-2015 Heard Sri Bhola Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody since 01.03.2015 in connection with Rupouli P.S. Case no.285/2014, registered for the offence under Sections 302/34, 392 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown. Even during investigation no cogent material was collected implicating the petitioner, however on the basis of confessional statement of one co-accused, the petitioner has been implicated in the present case. He further submits that no recovery has been made from the possession of the petitioner.

Patna High Court Cr.Misc. No.25220 of 2015 (5) dt.09-10-2015 2/2 In view of the facts and circumstances, particularly the fact that the petitioner has been made accused only on the basis of confessional statement of one co-accused, let the petitioner Karelal Mandal @ Karuwa @ Shiv Kumar be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ran Vijay Kumar, learned Judicial Magistrate, 1st Class, Purnea in connection with Rupouli P.S. Case no.285/2014 with conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) during trial, on each and every date, the petitioner shall remain physically present before the court below. If continuously on two dates without prior permission of the trial court the petitioner remains absent, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) NKS/- U