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Patna High CourtCR. MISC./8955/2017allowed

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

2017-02-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8955 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -BAUNSI District- ARRARIA ====================================================== Vijay Mandal @ Vijay Kumar Mandal, son of Late Giranand Mandal, resident of village - Devsthal, Police Station Bounsi, District - Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Informant : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Naushaduzzaha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Bousi P.S.Case No. 30 of 2016 registered for the offences punishable under Sections 394 and 302 of the Indian Penal Code. It has been submitted on behalf of the petitioner that except confessional statement there is nothing against the petitioner and at best it is a case of suspicion and petitioner has remained in custody for three months.

Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that CDR also shows location of the petitioner near the place of occurrence.

Having heard both sides and considering the fact that there is nothing against the petitioner except confessional

Patna High Court Cr.Misc. No.8955 of 2017 (2) dt.27-02-2017 2/2 statement and he has remained in custody for three months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Shri Mithilesh Kumar, Additional Chief Judicial Magistrate-VI, Araria, in connection with Bousi P.S.Case No. 30 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U