Pankaj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37827 of 2020 Arising Out of PS. Case No.-73 Year-2018 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Pankaj Mandal S/o Late Bharat Mandal R/o Village- Bhim Das Tola, P.S.- Gopalpur (Rangra) District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2021 Let the defects be removed within four weeks. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 392 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown. Co-accused Karelal Mandal in whose confessional statement name of the petitioner surfaced has already been allowed bail by learned 2nd Additional Sessions Judge, Naugachia. That fact has been considered by the learned Courtbelow (learned Additional Sessions Judge-IV, Naugachia) while refusing the prayer for bail. However, the Court-below has not distinguished as to how the allegation against the petitioner is graver to that of Karelal Mandal. The petitioner is in custody

Patna High Court CR. MISC. No.37827 of 2020(2) dt.05-02-2021 2/2 since 03.07.2020. Investigation of the case is already complete. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dholbajja (Kadwa) P.S. Case No.73 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T