Tejo Mandal @ Satyanarayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.28334 of 2022 Arising Out of PS. Case No.-38 Year-1999 Thana- CHAKAI District- Jamui ====================================================== Tejo Mandal @ Satyanarayan Mandal Son Of Late Bhatu Mandal R/O Village- Gadi, P.S.- Chakai, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-09-2022 Learned counsel for the petitioner is directed to remove all the defects within two weeks from today. This is the second attempt of the petitioner to obtain bail in connection with Chakai P.S. Case No.38 of 1999 (G.R.No.461/1999) registered for the offence under Section 364 of the Indian Penal Code.

Earlier the prayer for bail of the petitioner has been rejected vide order dated 01.12.2020 passed in Cr.Misc.No.26216 of 2020 with an observation that the petitioner may move afresh if the trial is not concluded within a period of nine months from the said date.

Learned counsel for the petitioner submits that till date only charges have been framed and the conclusion of the

Patna High Court CR. MISC. No.28334 of 2022(2) dt.17-09-2022 2/3 trial is likely to take much time.

Learned APP for the State is present and has not disputed the aforesaid submission.

Having regard to the observations of this Court in its order dated 01.12.2020 passed in Cr.Misc.No. 26216 of 2020 wherein this Court had observed that the petitioner may move afresh if the trial is not concluded within a period of nine months, further submission that till date only charges have been framed and the conclusion of the trial is likely to take much time, finding that the petitioner has already spent one year nine months in custody after his arrest in connection with the present case, this Court directs release of the petitioner above named on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Chakai P.S. Case No.38 of 1999 (G.R.No.

461/1999), subject to the conditions as laid down under Section 437(3) Cr.P.C. 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.

Patna High Court CR. MISC. No.28334 of 2022(2) dt.17-09-2022 3/3 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. And further condition that the petitioner shall attend the trial on each and every date fixed in the matter. If he fails to appear on two consecutive dates for no plausible reason to the satisfaction of the learned court below his bail bond shall be cancelled and he will be taken into custody.

Certified copy of the order will be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.