Ashok Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9718 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Ashok Mandal, S/o Late Sukhdeo Mandal, Resident of Village- Lukluki, P.S. Muffasil, District- Godda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 364, 302, 201, 379, 120B/34 of the Indian Penal Code.

According to the F.I.R., unknown persons had abducted the driver as well as the vehicle of the informant. The name of the petitioner has surfaced during investigation on the basis of confessional statement of co-accused Nemani Sah, who has already been granted regular bail by a coordinate Bench of this Court in Cr. Misc. no. 4314 of 2017. Submission of the petitioner is that confession of coaccused before the police is not a substantive evidence against the

Patna High Court Cr.Misc. No.9718 of 2017 (2) dt.16-03-2017 2/2 petitioner.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory 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/successor court in connection with Rasalpur (Kahalgaon) P.S. case no. 204 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the condition that petitioner must co-operate during investigation with the police, failing which the court below shall be at liberty to cancel his bail bond.

(Birendra Kumar, J) sudip/- U T