Patna High CourtCR. MISC./1086/2018bail granted

Dewan Mandal v. The State Of Bihar

2018-01-12Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.1086 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1086 of 2018 Arising Out of PS.Case No. -446 Year- 2017 Thana -AMARPUR District- BANKA ====================================================== Dewan Mandal, Son of Late Natu Mandal @ Naresh Mandal, Resident of Village- Fatehur, P.S.- Amarpur, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nirbhay Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 414/34 of the Indian Penal Code.

Counsel for the petitioner submits that he is bonafide owner of the motorcycle which has been recovered from his possession. Other than his own confessional statement which has no evidentiary value there is nothing to incriminate him in the instant case. He is in custody since 16.09.2017. In the facts and circumstances of the case, prayer for bail of the petitioner 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

Patna High Court Cr.Misc. No.1086 of 2018 (2) dt.12-01-2018 satisfaction of Chief Judicial Magistrate, Banka in Amarpur P.S. Case No. 446 of 2017, G.R. No. 3005 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U