Ramashankar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47395 of 2014 Arising Out of PS.Case No. -83 Year- 2012 Thana -PIPRA District- SUPAUL ====================================================== Ramashankar Mandal Son of Bihari Mandal Resident of Village - Hardi (East), P.S. and District - Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends arrest in Pipra P.S. Case No. 83 of 2012 dated 07.07.2012 instituted under Sections 302/201/120B/34 of the Indian Penal Code.
The petitioner has been made accused during the course of investigation where witnesses have stated that the petitioner has also participated in committing the crime. Learned counsel for the petitioner submits that he is
Patna High Court Cr.Misc. No.47395 of 2014 (2) dt.30-04-2015 2/3 not named in the F.I.R. and has clean antecedent and has no connection with the deceased. It is submitted that only during investigation it has come that the petitioner along with many others had also participated in the crime without any overt act being alleged against him. Learned counsel has drawn the attention of the Court to Annexure 2 series which is copy of order dated 02.08.2013 passed by a co-ordinate Bench in Cr. Misc. No. 32310 of 2013 by which similarly situated co-accused Kartik Mandal has been granted anticipatory bail and also order dated 03.09.2013 passed in Cr. Misc. No. 23578 of 2013 by which five similarly situated co-accused namely Moti Mandal @ Moti Lal Mandal, Bipin Mandal @ Bipin Kumar Mandal, Dhruplal Mandal @ Dhrublal Mandal, Niteshwar Mandal and Ganesh Mandal have also been granted anticipatory bail.
Learned A.P.P. submits that the petitioner has also been named by witnesses as having participated in the crime. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.47395 of 2014 (2) dt.30-04-2015 3/3 Supaul in Pipra P.S. Case No. 83 of 2012, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.
(Ahsanuddin Amanullah, J) Anjani/- U T