Manish Mandal @ Mandal Baba @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30132 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- BIKRAM District- Patna ====================================================== MANISH MANDAL @ MANDAL BABA @ MANISH KUMAR S/o Ram Sewak Ram @ Ram Sevan Mochi @ Ram Sewan Ram, Resident of Village -Sikandarpur, P.S.-Bihta, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilesh Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-02-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. Allegation is recovery of one country made pistol along with one live cartridge from possession of the petitioner. Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with liberty to renew his prayer for bail after completing one year in jail custody.
It has been submitted that petitioner is in custody since 11.07.2019. It has further been submitted that similarly placed co-accused persons have already been granted bail by different
Patna High Court CR. MISC. No.30132 of 2020(2) dt.03-02-2021 2/2 co-ordinate Benches of this Court vide Annexure 3 and 3/1. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No.01/2020 arising out of Bikram P.S. Case No.214/2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the 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/- (S. Kumar, J) U T