Patna High CourtCR. MISC./17559/2018bail granted

Bouwa Kumar Mandal @ Bouwa Lal Mandal v. The State Of Bihar

2018-05-03Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17559 of 2018 Arising Out of PS.Case No. -79 Year- 2017 Thana -FULKAHA District- ARRARIA ====================================================== Bouwa Kumar Mandal @ Bouwa Lal Mandal Son of Kalar Mandal Resident of Village- Bishanpur Shivram, Police Station- Balua, DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 392 of the Indian Penal Code.

Petitioner's counsel submits that the petitioner having no criminal antecedent is in custody in connection with this case since 27.12.2017. He submits that he has falsely been implicated in this case merely on the basis of suspicion. The FIR does not disclose the registration number of the motorbike used by the unnamed accused persons for committing the crime. The petitioner has been implicated in this case merely on confessional statement by alleging that his motorcycle has been used in the instant occurrence.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.17559 of 2018 (3) dt.03-05-2018 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Araria in Fulkaha P.S. Case No. 79 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T