Sanju Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17987 of 2020 Arising Out of PS. Case No.-62 Year-2019 Thana- ANDHRATHARHI District- Madhubani ====================================================== SANJU MANDAL S/o Yogendra Mandal R/o village- Andhara North, P.S.- Andhratharhi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hriday Narayan Harshit For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 05-06-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.
FIR has been lodged against unknown about the theft of 25 pieces of shoes, Chappal, and cash of Rs.5,000/- from the shop of informant. During the commission of theft, mobile of the petitioner was left in the shop of informant and by the recovered mobile, petitioner was traced by the police and stolen articles were also recovered from his possession. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.17987 of 2020(2) dt.05-06-2020 2/3 he is innocent and has falsely been implicated in this case. It is further submitted that the incident took place on 31.07.2019 and FIR was lodged on 04.08.2019 after delay of five days. Petitioner and informant belong to same village and due to previous enmity and dirty village politics, petitioner has been implicated in this case. Nothing has been recovered from the house of the petitioner. Petitioner has no criminal antecedent and he is in custody since 27.08.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Andhratharhi P.S. Case No. 62 of 2019 corresponding to G.R. No.1252 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.17987 of 2020(2) dt.05-06-2020 3/3
(3) If the petitioner tampers 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.
(S. Kumar, J) Sanjay/- U T