Punit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34587 of 2021 Arising Out of PS. Case No.-585 Year-2020 Thana- JAMUI District- Jamui ====================================================== PUNIT MANDAL Son of Sukho Mandal @ Sukhdeo Mandal Resident of Village- Harla, P.S. and Distt- Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhim Sen Prasad, Adv For the Opposite Party/s :

Mr.Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Jamui P.S.Case No.585 of 2020 registered for the offence under Sections 147,148,149,341,323,324,354,307,447,504,506 of the Indian Penal Code and later on Section 302 of IPC was added. The prosecution case, in short, is that the petitioner and other co-accused persons having annexed with deadly weapons came at the door of the informant and began to assault the husband of the informant with intention to commit murder, which caused sustain injuries. All the accused persons threatened the informant to lodge case, result will be very bad. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been

Patna High Court CR. MISC. No.34587 of 2021(5) dt.23-02-2022 2/3 implicated in the present case. He further submits that it appears from the FIR that there is general and omnibus allegation against all the accused persons. He further submits that no specific allegation of overt-act is there against the petitioner. He furhter submits that the police, after investigaiton, submitted chargesheet against the petitioner and the petitioner is in custody since 05.01.2021.

Learned A.P.P. for the State has fairly submitted that during investigation nothing has come against the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, 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, Jamui in connection with Jamui P.S.Case No.585 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.34587 of 2021(5) dt.23-02-2022 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T