Anil Mahaldar @ Anil Mahldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53045 of 2017 Arising Out of PS.Case No. -37 Year- 2017 Thana -DHURAIYA District- BANKA ======================================================

1. Anil Mahaldar @ Anil Mahldar, Son of Gandin Mahaldar, Resident of Village- Ogari, P.S.- Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Dhoraiya P.S.Case No.37 of 2017 registered for offences punishable under Section 392 of the Indian Penal Code. Petitioner is not named in the FIR and his name transpired on confession of the co-accused.

Submission of the learned counsel for the petitioner is that there is nothing against him except confession of the co-accused, he has not been put on TIP and nothing has been recovered from his possession. He is in custody for six months, though he is accused in three other cases, but he is on bail in those cases. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.53045 of 2017 (3) dt.21-11-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial magistrate IV, Banka in connection with Dhoraiya P.S.Case nO.37 of 2017. 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 the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

(iv) The petitioner will appear before the local police station of his area in the first week of each month for a period of one year so that the police may watch is conduct, otherwise his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T