Patna High CourtCR. MISC./48689/2017bail granted

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

2017-12-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48689 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -BARHARA District- PURNIA ======================================================

1. Kundan Kumar @ Kundan Kumar Mandal S/o Triloki Mandal, R/o Village- Hanuman Nagar, P.S.- Barhara, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 394 of the Indian Penal Code. Earlier this Court vide order dated 20.8.2016 passed in Cr. Misc. No.32697 of 2016 rejected the bail of the petitioner with an observation to conclude the trial within nine months and if the trial is not concluded within the aforesaid period he may renew his prayer for bail. Petitioner is in custody since 4.5.2016.

Looking to the period of custody, let petitioner, Kundan Kumar alias Kundan Kumar Mandal, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.48689 of 2017 (3) dt.06-12-2017 sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Purnea in connection with Barhara P.S. Case No.95 of 2016, G.R. No. 1269 of 2016, subject to the conditions that one of the bailors shall be mother, father, son or wife of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) Vinay/- U T