Mantu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37182 of 2022 Arising Out of PS. Case No.-303 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== MANTU MANDAL Son of Chugauli Mandal @ Sukdev Mandal Resident of Village - Kodra Bhitta, P.S.- Bihpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandrasekhar Sharma, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 384, 387, 323, 307, 504 and 506/34 of the Indian Penal Code, in connection with Naugachhiya (Bihpur) P.S. Case No. 303 of 2021. As per the prosecution story, on 15.7.2021, when the construction work was going on in village Panchayat Baikatur Dudhaila, all the accused persons armed with weapon came there and demanded of Rs. 5 lac as ransom and co-accused Krka Mandal assaulted one Prem Kumar and also opened fire and snatched mobile phone of one Abhishek Mandal. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.37182 of 2022(2) dt.26-09-2022 2/3 omnibus allegation against the accused persons has been levelled. He has falsely been implicated in this case because of previous criminal antecedent.

Learned counsel for the informant on the other hand submits that the allegation against them is of stopping work of 'Panchayat Bhawan' and demanding extortion of Rs. 5 lakh and as such he does not deserve bail.

Considering the fact that he is in custody since 23.12.2021, charge-sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him the privilege of bail after framing of the charges.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-1st Class, Naugachhiya, Bhagalpur, in connection with Naugachhiya (Bihpur) P.S. Case No. 303 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.37182 of 2022(2) dt.26-09-2022 3/3 dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T