Patna High CourtCR. MISC./47492/2017bail granted

Lakhi Mandal @ Lakhi Kr. Mandal v. The State Of Bihar

2017-10-18Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.47492 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47492 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MADHUBANI TOWN District- MADHUBANI ====================================================== Lakhi Mandal @ Lakhi Kr. Mandal, S/o Late Parmeshwar Mandal, R/o Vill- Kashitand, P.S.- Karmatand, District- Jamtara (Jharkhand). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.05.2017 in connection with Madhubani (Town) P.S. Case No. 09 of 2017 (G.R. No. 54 of 2017) for the alleged offences under Sections 420, 379 of the Indian Penal Code and Section 66(D) of the I.T. Act.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the FIR. His name has surfaced on the confessional statement of co-accused Sonu Kumar. No recovery of any incriminating articles has been made from the possession of the petitioner. Similarly situated co-accused Sonu Kumar has been granted bail by this Court in Cr. Misc. No. 35224 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate. Madhubani in connection with

Patna High Court Cr.Misc. No.47492 of 2017 (2) dt.18-10-2017 Madhubani (Town) P.S. Case No. 09 of 2017 (G.R. No. 54 of 2017) on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T