Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.741 of 2018 Arising Out of PS.Case No. -304 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Raj Kumar Mandal S/o Baleshwar Mandal, R/o Village- Bhagkohaliya, Ward No. 3, P.S.- Forbesganj, District- Araria, Bihar .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under section379/411 IPC.

Counsel for the petitioner submits that even as per the FIR it is apparent that the petitioner and the informant are neighbours. He refused to return petitioner's bike and there is no ingredient of theft in the alleged incident and charge sheet has been submitted under section 406 IPC. Prior to the lodging of this case, he is accused in other case mentioned in paragraph 3 of the bail application, in which he is already on bail. Petitioner is in custody since 19.5.2017.

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 satisfaction of the Chief Judicial Magistrate, Araria in Forbesganj Police Station Case No. 304 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.741 of 2018 (2) dt.11-01-2018 2/2 he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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