Nawal Kishore Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38029 of 2016 Arising Out of PS.Case No. -456 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Nawal Kishore Mandal Son of Nand Lal Mandal resident of village (Athgawa) Purani Pannuchak, P.S. Sabour, District Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with S.T. No. 148 of 2016 arising out of Kahalgaon (Ghogha) P.S. Case No. 456 of 2015 registered for offences under sections 365, 328, 379, 34 of the Indian Penal Code. The petitioner had earlier moved before this Court with a prayer for bail in Cr. Misc. No. 7295 of 2016 which was rejected vide order dated 11.4.2016 with a liberty to the petitioner to renew his prayer for bail after completion of nine months of custody. The petitioner is in custody since 29.10.2015. Looking to the period of custody, let the petitioner, namely, Nawal Kishore Mandal, be released on bail on furnishing

Patna High Court Cr.Misc. No.38029 of 2016 (2) dt.31-08-2016 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Bhagalpur in connection with S.T. No. 148 of 2016 (arising out of Kahalgaon (Ghogha) P.S. Case No. 456 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Rishi/- U T