Karelal Mandal @ Karka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55463 of 2017 Arising Out of PS.Case No. -226 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Karelal Mandal @ Karka Son of Kamal Kishore Mandal resident of Village - Bishanpur, P.S. - Bihpur, District Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mr Nityanand, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard counsel for the petitioner and the State. The petitioner is accused in Sultanganj Police Station Case No 226 of 2015 registered for the offence punishable under Sections 302/34 of Indian Penal Code.

Counsel for the petitioner submits that the petitioner has been implicated in this case during course of investigation by the police on the basis of confessional statement of other coaccused persons without alleging any overt act against him. He submits that there is no evidence on record in the case diary to connect the petitioner with the allegations made and further that other co-accused persons Jyotish Yadav and Karka Mandal have been granted bail by this Court by orders dated 12.04.2017 passed in Cr Misc No 6391 of 2017 and 18.10.2017 passed in Cr Misc No

Patna High Court Cr.Misc. No.55463 of 2017 (3) dt.12-12-2017 2/2 38478 of 2017. Investigation in the case is also complete. The other case, disclosed by the petitioner to be pending against him, in respect of the same, he submits that he is already on bail. Having regard to the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge V, Bhagalpur in Sessions Trial No 648 of 2017 arising out of Sultanganj Police Station Case No 226 of 2015 subject to the following conditions:

(1) One of the bailors shall be a local person having sufficient immovable properties in the jurisdiction of Court concerned.

(2) Petitioner shall co-operate in trial and appear on each and every date and on failure to appear on two consecutive dates without showing any genuine ground or without permission of Court, his bail bond shall be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T