Awadhesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36282 of 2016 Arising Out of PS.Case No. -252 Year- 2015 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Awadhesh Mandal son of Late Arjun Mandal Resident of village Bitha p.s. Bhawanipur, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 420, 467, 468, 471, 386, 504, 506/34 of the Indian Penal Code.

The first information report reflects that it was coaccused, Ashok Bharti, who demanded money from the informant and thereafter, Rs. 2,95,000/- was deposited on different dates in the account of Shashi Bhushan Bharti. So far as petitioner is concerned, it is only stated that when informant made request for return of her money, petitioner abused and threatened her. No doubt, petitioner carries criminal antecedent of near about 40 cases but in the present case, it were other accused

Patna High Court Cr.Misc. No.36282 of 2016 (2) dt.24-08-2016 2/2 who took money from the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Mithilesh Kumar, Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 252 of 2015, subject to condition that any attempt on behalf of the petitioner or by the petitioner to terrorize the prosecution witnesses or to tamper with the prosecution evidence shall give liberty to the trial court to cancel the bail bonds of the petitioner after due and proper enquiry. (Hemant Kumar Srivastava, J) SHAHZAD/- U T