Diwakar Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34119 of 2019 Arising Out of PS. Case No.-210 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Diwakar Kumar Mandal, Son of Shri Mandal, Resident of Village- Manjhwe, P.S.- Jamui, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Adv.

Mr. Mritunjay Kumar, Adv.

For the Opposite Party/s :Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Khaira P.S. Case No.210 of 2017 registered for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as according to him the name of the petitioner has transpired in the confessional statement of the co-accused. Learned counsel submits that nothing incriminating has been recovered from the possession of the petitioner and he has no criminal antecedent. Learned APP for the State has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.34119 of 2019(4) dt.27-09-2019 2/2 wherein the name of this petitioner has transpired in the confessional statement of the co-accused, nothing incriminating has been recovered from his possession and that he has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Khaira P.S. Case No.210 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T