Sushil Kumar Mandal @ Sahil @ Subhil Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44045 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== SUSHIL KUMAR MANDAL @ SAHIL @ SUBHIL KUMAR MANDAL S/o Shri Umesh Mandal, R/o Vill.- Ganeshpur Tinpulya, P.S.- Jagdishpur, District- Bhagalpur (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Ishakchak P.S. Case No. 55/2017, registered for the offences punishable under Sections 326, 307, 384, 386 and 120(B) of the Indian Penal Code and section 3 and 4 of Explosive Substance Act.

It is alleged that petitioner and other co-accused persons exploded bomb at the door of Md. Nasim in which four persons were injured.

It has been submitted that petitioner has falsely been implicated in this case. He is not named in the F.I.R. His name surfaced in the case during investigation. From the materials available on record, it appears that there is no specific allegation

against this petitioner. Other co-accused have been granted bail by different co-ordinate benches of this court, vide order dated 17.11.2017 passed in Cr. Misc. 48845/2017 and dated 12.01.2018 passed in Cr. Misc. 1921/2018.

Petitioner is in custody since 16.12.2017.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Ishakchak P.S. Case No. 55/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence

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

(S. Kumar, J) Vinita/- U T