Ajay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38372 of 2017 Arising Out of PS.Case No. -72 Year- 2016 Thana -JAMALPUR RAIL P.S. District- LAKHISARAI ======================================================

1. Ajay Mandal, Son of Late Budhan Mandal, Resident of Village- Pariya, P.S. Bariyarpur, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with G.R.P./Jamalpur P.S.Case No.72 of 2016 , registered for offences punishable under Sections 307 and 326/34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that one co-accused has fired on the informant and at that time Arjun Mandal was also accompanying the co-accused.

Submission of the learned counsel for the petitioner is that there is no allegation of firing or assault against this petitioner and so far criminal antecedent of the petitioner is concerned, he is on bail. Now the petitioner is in custody for more than four months.

Heard learned A.P.P. also as well as the learned counsel for the informant. They have opposed the prayer for bail

Patna High Court Cr.Misc. No.38372 of 2017 (3) dt.08-09-2017 2/2 on the ground of criminal antecedent.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned A.C.J.M. (Rail), Kiul district Lakhisarai in connection with G.R.P./Jamalpur P.S.Case No.72 of 2016 dated 20..2.2016.

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 disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (iv) The petitioner is directed to make his attendance before the concerned Police Station of his area in the first week of each month till conclusion of the trial so that the police may watch his conduct during the said period. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T