Bacchan Mandal@ Bacchan Kumar @ Bachchan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48531 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- BISFI District- Madhubani ====================================================== Bacchan Mandal@ Bacchan Kumar @ Bachchan Mandal S/O Ramesh Mandal R/O Village-Bhoj Pandaul, P.S-Bisfi, District-Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagandeo Yadav Mr. Vinod Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-12-2021 Let the defects, if any, be removed within four weeks of the complete start of the Physical Court. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Bisfi P. S Case No. 334 of 2020 for the offences punishable under Sections 341, 323, 324, 307, 302, 354, 504, 147, 148, 149 of the Indian Penal Code .

According to the prosecution case, due to village politics and previous enmity between informant's family and the petitioner scuffled took place.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has been falsely implicated

Patna High Court CR. MISC. No.48531 of 2021(2) dt.20-12-2021 2/3 in this case. specific overt act has been attributed against Ramesh Mandal. Petitioner is rotting in jail custody since 25.09.2020 . On similar footing, co-accused Saroj Kumar and Manoj Chaudhary have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.53728 of 2021. Some other co-accused namely, Ram Kamat and Raju Kamat have been also granted bail by this Court in Cr. Misc No. 47839 of 2021. The learned A.P.P opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Magistrate 1st, Benipatti in connection with Bisfi P.S.Case No. 334 of 2020, subject to the following conditions;-

1. 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 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.48531 of 2021(2) dt.20-12-2021 3/3

2. If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) N.K/- U T