Patna High CourtCR. MISC./43952/2018bail granted

Santosh Mandal v. The State Of Bihar

2018-07-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43952 of 2018 Arising Out of PS.Case No. -258 Year- 2017 Thana -LAXMIPUR District- JAMUI ======================================================

1. Santosh Mandal S/o Yogendra Mandal, R/o Vill.- Maslay, P.S.- Laxmipur, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Laxmipur P.S. Case No. 258/2017, instituted for the offences under Sections 399 and 402 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner has submitted that he has not been arrested on the spot. The police had arrested three persons on the spot and on the basis of the confessional statement of all the three accused persons, name of this petitioner has figured in this case.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks

Patna High Court Cr.Misc. No.43952 of 2018 (2) dt.23-07-2018 2/2 from today, in connection with Laxmipur P.S. Case No. 258/2017, he shall 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 the learned Additional Chief Judicial Magistrate III, Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T