Suraj Das @ Srinath Mandal @ Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51692 of 2018 Arising Out of PS. Case No.-119 Year-2017 Thana- NATHNAGAR District- Bhagalpur ====================================================== Suraj Das @ Srinath Mandal @ Santosh Mandal S/o Late Banarsi Mandal, R/o Vill.- Ajmeripur, P.S.- Nath Nagar, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Mukund For the Opposite Party/s :

Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Complaint Case No. 321 of 2017 converted into Nath Nagar P.S. Case No. 119 of 2017 registered for the offence punishable under Sections 344, 365, 368, 370, 364(A)/34 of the Indian Penal Code. Informant in his written complaint has stated that his brother had gone with petitioner for employment and thereafter became traceless, and when he made enquiry and could not get any satisfactory information then he has lodged the present case. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The brother of the Informant was mentally ill and was being treated by psychiatrist Dr. Arun Kumar, whose prescription has been annexed as Annexure-2 to this application. Petitioner has got no

Patna High Court Cr.Misc. No.51692 of 2018(2) dt.04-10-2018 2/2 criminal antecedent and is in custody since 19.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bhagalpur in connection with Complaint Case No. 321 of 2017 converted into Nath Nagar P.S. Case No. 119 of 2017, 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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) ranjan/- U