Gopal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30917 of 2019 Arising Out of PS. Case No.-470 Year-2018 Thana- RAJAON District- Banka ====================================================== GOPAL MANDAL Son of Prakash Mandal Resident of Village - Singhnan, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 401, 414, 384, 212 and 34 of the Indian Penal Code and Section 4/40 of BMMC Rule of 1972. Informant is the police officer who in his written report has alleged that on the date and time of occurrence Informant along with police party raided the place to apprehend Pappu Singh, Ajay Paswan and Rajesh Yadav, but they managed to escape taking advantage of darkness, however, his associate including the petitioner were arrested.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner as is apparent from the seizure list. Petitioner has got no criminal

Patna High Court CR. MISC. No.30917 of 2019(2) dt.17-08-2019 2/2 antecedent and is in custody since 20.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Rajoun P.S. Case No. 470 of 2018 corresponding to Gr. No. 3914 of 2018, 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.

(S. Kumar, J) ranjan/- U