Diwakar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33619 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -SABAUR District- BHAGALPUR ====================================================== Diwakar Mandal, Son of Rameshwar Mandal, resident of Village- Farka, P.S.- Sabour, District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Deepak Kumar Sinha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 18.04.2017 in connection with Sabour (Goradih) P.S. Case No. 10 of 2017 for the alleged offences under Sections 302 and 201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and except the extra judicial confessional statement of co-accused Punam Tanti, there is no other material to connect the petitioner with the alleged occurrence. The said Punam Tanti has been granted bail by this Court in Cr. Misc. No. 25982 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-10th, Bhagalpur, in connection with Sabour (Goradih) P.S. Case No. 10 of 2017 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.33619 of 2017 (3) dt.19-08-2017 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/BT U T