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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43967 of 2018 Arising Out of PS.Case No. -861 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Chhotu Kumar Mandal @ Chhotu Mandal, Son of Ram Kishun Mandal, Resident of Village Rangdaha Majhua, P.S. Forbesganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Forbesganj P.S. Case No. 861/2017, instituted for the offence under Section 414/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that one Sikandar Mandal was apprehended and a stolen motorcycle is alleged to have been recovered from his possession. He disclosed the name of the petitioner and other accused persons. No incriminating article has been recovered from the possession of the petitioner. Other co-accused have already been granted anticipatory bail by coordinate Benches of this Court in Cr. Misc. Nos. 29262/2018 dated 14.05.2018 and 28172/2018 dated 16.05.2018.

Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.43967 of 2018 (2) dt.23-07-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Forbesganj P.S. Case No. 861/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Araria, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T