Patna High CourtCR. MISC./18956/2016bail granted

Ramesh Kumar Mandal And ANR. v. The State Of Bihar

2016-05-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18956 of 2016 Arising Out of PS.Case No. -81 Year- 2014 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Ramesh Kumar Mandal son of Sri Ganesh Mandal

2. Md. Masoom Alam son of Md. Kayum Both resident of VillageJamalpur Gogri, Police Station- Gogri, District- Khagaria. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Binod Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Industrial P.S.Case No. 81/2014, disclosing offences under sections 457, 380 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that they are not named in the First Information Report and in course of investigation, their names have surfaced on the ground that they were found to be using the mobile phones stolen from the shop of the informant. He submits that the implication is merely on the basis of suspicion. The petitioners have no criminal antecedent, as has been stated in paragraph 3 of the application. It has further been submitted that the co-accused, Raj Kumar Yadav, has been

Patna High Court Cr.Misc. No.18956 of 2016 (2) dt.09-05-2016 granted anticipatory bail by this Court vide order dated 9.7.2015 passed in Cr.Misc.No. 17136/2015.

Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Rachna Raj, A.C.J.M. IX, Bhagalpur in Industrial P.S.Case No. 81/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U