Balmiki Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6370 of 2017 Arising Out of PS.Case No. -33 Year- 2005 Thana -KAUAKOL District- NAWADA ======================================================
1. Balmiki Mandal
2. Ganga Mandal Both are Sons of Chintamani Mandal, R/o VillageJorafardin, P.S.-Kowakol, District-Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2017 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State. Petitioners are languishing in judicial custody since 14-11-2016 in connection with Sessions Trial No. 2/17/1/17 arising out of Kowakol P.S. Case No. 33 of 2005 registered for the offences punishable under Sections-341, 323, 504, 452 and 436/34 of the Indian Penal Code.
It has been submitted by learned counsel for the petitioners that admittedly, there is land dispute between the parties. It has further been submitted that though final form was submitted but the learned Chief Judicial Magistrate differed and took cognizance against the petitioners. It has also been submitted that since charge sheet has been submitted and the charges were
Patna High Court Cr.Misc. No.6370 of 2017 (2) dt.20-02-2017 2/2 framed, petitioners are ready to cooperate with the trial. However, learned A.P.P. for the State submits that petitioners are named in the first information report, hence, opposes the prayer for bail.
Be that as it may, since the petitioners have got no criminal antecedent and are ready to cooperate with the trial, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sessions Trial No. 2/17/1/17 arising out of Kowakol P.S. Case No. 33 of 2005 to the satisfaction of learned Additional Sessions Judge-III, Nawada subject to condition that petitioners will appear before the lower court during trial on each and every date and failure to appear on two consecutive dates, will entail cancellation of their bail bonds. (Nilu Agrawal, J) A.K.V./- U T