Arjun Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7986 of 2017 Arising Out of PS.Case No. -134 Year- 2015 Thana -AMDABAD District- KATIHAR ======================================================
1. Arjun Mandal, S/o Soren Mandal, Resident of village - Gaurikant Tola, P.S. Amdabad, District - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. P.K.jaipuriya Mr. Anshuman Jaipuriyar For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 Heard the parties.
This application has been filed in connection with Amdabad P.S.Case No.134 of 2015 for the offence under Sections 302/34 of the Indian Penal Code.
It is submitted on behalf of the petitioner that in this case the petitioner is not named in the F.I.R. and later on his name along with the name of the other co-accused transpires in Paragraph Nos. 97 to 101 of the case diary and three witnesses have disclosed that the petitioner along with the other co-accused persons have assaulted the deceased and out of them, one coaccused has already been granted bail by this Court, vide order dated 15.02.2017 passed in Cr. Misc. No.53031 of 2016. Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.7986 of 2017 (3) dt.01-03-2017 2/2 Having heard both sides. Considering the fact that the petitioner is not named in the F.I.R. and later on his name transpired along with the other co-accused and out of them, one co-accused, having similar allegation, has already been granted bail by this Court, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-Vth, Katihar in connection with Amdabad P.S.Case No.134 of 2015, vide Sessions Trial No.187 of 2016 in G.R.No.3201 of 2015.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate 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 reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U