Bipin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47907 of 2018 Arising Out of PS.Case No. -39 Year- 2003 Thana -SHAMBHUGANJ District- BANKA ====================================================== Bipin Mandal, Son of Sahdeo Mandal, resident of Village- Kamatpur, P.S.- Shambhuganj, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shree Niwas Singh, Advocate. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sessions Trial No. 373 of 2006 arising out of Shambhuganj P.S. Case No. 39 of 2003 instituted for the offence under Sections 147, 323, 341, 325 and 307 of the Indian Penal Code.

Counsel for the petitioner submits that it is a case of misuse of privilege of bail. Counsel for the petitioner further submits that charge has been framed in this case. The First Information Report has been lodged for the offence under Section 307 and other allied Sections of the Indian Penal Code. From the impugned order it appears that bail bond of the petitioner was cancelled on 7.2.2009 since he remained absent. He was remanded in this case on 4.4.2018 from another

Patna High Court Cr.Misc. No.47907 of 2018 (3) dt.05-10-2018 2/2 case.

This Court finds that petitioner has been sufficiently punished for the laches committed by him.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st, Banka, in connection with Sessions Trial No. 373 of 2006 arising out of Shambhuganj P.S. Case No. 39 of 2003, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner will cooperate in conclusion of the trial. He will remain present on each and every date of trial till disposal of the case. He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. In the event of default of two consecutive dates without valid reason, his bail bonds will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T