Patna High CourtCR. MISC./20437/2020bail granted

Nilesh Kumar @ Nilesh Mandal v. The State Of Bihar

2020-10-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20437 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- PALASI District- Araria ====================================================== 1.

Nilesh Kumar @ Nilesh Mandal, S/o Kuldeep Mandal @ Kuldip Mandal Resident of Village-Manikpur Ward No.8, Police Station-Simraha, DistrictAraria. 2.

Tuntun Thakur S/o Bishwanath Thakur Resident of Village-Manikpur Ward No.8, Police Station-Simraha, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh- Advocate Mr. Hira Jha- Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-10-2020 The defects, as pointed out by the office, be ignored. Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Palasi P. S. Case No.402 of 2019 registered for the offences punishable under Sections 379 and 411 of the I.P.C. The name of petitioners came in confessional statement of co-accused persons, who were caught on the spot. Petitioners do not have any criminal antecedent, which is evident from perusal of Para-3 of the case diary.

Patna High Court CR. MISC. No.20437 of 2020(2) dt.08-10-2020 2/2 The impugned order dated 28.02.2020 goes to show that the investigation against these petitioners is still pending. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Araria in connection with Palasi P. S. Case No.402 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

Furthermore, the petitioners shall cooperate the Investigating Officer and whenever and wherever they are summoned by the Investigating Officer, they shall appear before the Investigating Officer and if, they fail to appear before the Investigating Officer, the Investigating Officer shall be at liberty to give information to Court below, who shall pass appropriate order on the information of the Investigating Officer.