Anand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47592 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Anand Mandal, Son of Makhan Mandal, the resident of VillageZiyauddinpur Chaunka, P.S.- Industrial, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Industrial P.S. case no. 22/18 instituted for the offence under Section(s) 392 of the IPC and later on Sections 395 and 412 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no recovery of any incriminating articles from his possession. The name of this petitioner has been taken by co accused Sandeep Mandal in his confessional statement. It is mentioned in para 3 of the bail petition that petitioner has clean antecedent. It is further pointed out that other co accused person with similar allegation has already been granted anticipatory bail by Coordinate Bench of this Court vide order dated 20.7.18 passed in

Patna High Court Cr.Misc. No.47592 of 2018(2) dt.30-08-2018 2/2 Cr Misc. no. 37311 of 2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Industrial P.S. case no. 22/18, 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 ACJM IXth Bhagalpur, subject to the conditions as laid down under Section 438(2) 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 tampers 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) shyambihari/- U T