Patna High CourtCR. MISC./57866/2015bail granted

Anup Kumar Mandal v. The State Of Bihar

2016-02-01Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57866 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -SAKRI District- MADHUBANI ======================================================

1. Anup Kumar Mandal Son of Nand Kishore Mandal resident of VillageBrahmpur, Ps. Sakri, District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sakri, P.S. Case No. 95 of 2015 registered for the offences punishable under Sections 379, 411 of the Indian Penal Code. The petitioner is not named in the FIR, his name transpires in the confessional statement of co-accused Rajesh Rai, the petitioner also confessed his guilt and recovery was made from the house of Rajesh Rai.

Submission is of false implication and that the police forcibly got recorded the confessional statement of the petitioner, similarly situated co-accused Monu Kumar Jha @ Monu Kumar has been allowed bail vide Criminal Misc. No. 54539 of 2015 by

Patna High Court Cr.Misc. No.57866 of 2015 (2) dt.01-02-2016 2/2 another co-ordinate Bench of this court and as such the petitioner deserves sympathetic consideration as he is suffering in custody since 04.08.2015.

Learned A.P.P. fairly submits that Monu Kumar Jha has been allowed bail.

In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Madhubani, in connection with Sakari P.S. Case No. 95 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T