Patna High CourtCR. MISC./51822/2016bail granted

Mahesh Mandal And ANR v. The State Of Bihar

2016-11-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 51822 of 2016 Arising out of P.S. Case No. - 11 Year - 2000 Thana - JAGDISHPUR District - BHAGALPUR ======================================================

1. Mahesh Mandal, Son of Late Govind Mandal

2. Sudin Mandal, Son of Sandeep Mandal, Both are residents of village - Ganga Karhariya, P.S. Jagdishpur, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Janki Nandan Prasad, Advocate For the Opposite Party : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2016 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody since 04.09.2016 in connection with Jagdishpur Police Station Case No. 11 of 2000 for offence punishable under Section 366 of the Indian Penal Code.

This is a case of misuse of privilege of bail. Bail bonds of the petitioners were cancelled on 21.03.2014 and they were arrested by the police on 4th September, 2016 thereafter they are in custody. Submission of the petitioners is that this is first misuse, alleged, against them.

Considering the period of custody already undergone by the petitioners, they are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each

Patna High Court Cr.Misc. No.51822 of 2016 (2) dt.30-11-2016 2/2 with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Bhagalpur in connection with Jagdishpur Police Station Case No. 11 of 2000 (S.T. No. 583 of 2005) with condition that the learned court below shall be at liberty to pass necessary order ensuring petitioners' presence in the case so that the trial or further progress of the case may not hamper. If the petitioners shall not co-operate with the trial, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners and take them into custody.

Kundan (Birendra Kumar, J.) U T