Kalicharan Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.4874 of 2017 (2) dt.08-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4874 of 2017 Arising Out of PS.Case No. -159 Year- 2015 Thana -DHARHARA District- MUNGER ====================================================== Kalicharan Mandal, Son of Bharat Mandal, Resident of VillageHerudiyara, P.S.- Ramnagar, District- Munger..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Deep Nishi For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 27.04.2016 passed in Cr. Misc. No. 11009 of 2016, on the ground that the petitioner is not named in the first information report and he is suffering in custody since 25.10.2015. During investigation Kishore Prasad Yadav and Sakaldev Yadav allegedly have taken name of the petitioner which is not reliable. During examination in the trial they have became not reliable and as such the petitioners deserve sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering that the trial is going on and there is no chance of tampering with prosecution evidence and further considering the period of detention, the petitioner above named is directed to be released on

Patna High Court Cr.Misc. No.4874 of 2017 (2) dt.08-02-2017 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 Additional Sessions Judge I, Mungar in Sessions Trial No. 148 of 2016 arising out of Dharahara P.S. Case No. 159 of 2015, subject to the conditions that one of the bailors must be a 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) avin/- U T