Arjun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1382 of 2017 Arising Out of PS.Case No. -427 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Arjun Mandal, S/o Late Basantu Mandal, resident of Village- Triskund Ward No.-10, P.S.- Forbesganj, District- Araria. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Sharma For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 The appellant seeks regular bail in connection with Forbesganj P.S. Case No. 427 of 2016, registered for offences punishable under Sections 302/ 201/34 of the Indian Penal Code, Section 12 of POCSO Act and Section 3( (2)(V) of SC/ST (POA) Act.

It has been submitted on behalf of the appellant that he has been made accused in the present case only on the basis of suspicion and except that there is nothing against him so as to connect him in the present case. He only happens to be a labourer as was the deceased and no specific allegation has been levelled against the appellant. Further appellant has been in judicial custody since 22.09.2016.

Learned Special P.P. could not controvert the above submission of learned counsel for the appellant. Having heard both sides, in view of the above facts, this

Patna High Court CR. APP (SJ) No.1382 of 2017 (2) dt.07-07-2017 2/2 appeal is allowed, let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Araria, in connection with Forbesganj P.S. Case No. 427 of 2016, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The appellant 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 reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T