Rinku Mahaldar @ Mandal @ Tinku Mandal v. The State Of Bihar
Patna High Court Cr.Misc. No.9862 of 2017 (3) dt.21-04-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9862 of 2017 Arising Out of PS.Case No. -26 Year- 2012 Thana -SABAUR District- BHAGALPUR ======================================================
1. Rinku Mahaldar @ Mandal @ Tinku Mandal Son of Matto Mahaldar @ Matro Mahaldar Resident of Village - Laikakh, P.S. Sabour, District - Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Singh For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-04-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Sabour Police Station Case No. 26 of 2012, disclosing offences under Sections 341, 323, 452, 386, 387, 504 and 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, Amar Mahaldar, name of this petitioner has surfaced in this case. Nothing has been recovered from the conscious possession of the petitioner nor the petitioner has been put on T.I.P. as yet.
Patna High Court Cr.Misc. No.9862 of 2017 (3) dt.21-04-2017 Moreover, the co-accused, Dillo Mandal @ Dilip Mandal, having more or less similar allegation, has been granted anticipatory bail in Cr. Misc. No.31192 of 2013 by a co-ordinate Bench of this Court. Hence, the petitioner also deserves the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour Police Station Case No. 26 of 2012, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T