Dhruv Kumar Mandal @ Dhruv Mandal @ Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39286 of 2020 Arising Out of PS. Case No.-283 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== DHRUV KUMAR MANDAL @ DHRUV MANDAL @ UDAY KUMAR S/o Rajendra Mandal R/o Village- Sinduwari, P.S.- Gwalpara, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Rupesh Kr, Om Prakash Prasad, Advocates For the Opposite Party/s :

Mr Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-06-2021 This case has been taken up for consideration today through Video Conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bihariganj Police Station (for brevity, PS) Case No 283 of 2019 dated 21.08.2019 instituted for the offence punishable under Sections 386, 364/34 of Indian Penal Code.

Five armed miscreants have stopped the informant's motorcycle and forcibly dragged him away. They have assaulted him and taken him to a distant place and after tying him up, they have made him stand in the four feet water. The miscreants have told the informant to ask his family to bring Rs

Patna High Court CR. MISC. No.39286 of 2020(10) dt.21-06-2021 2/3 25,000/- or else he will be done to death. The informant's family, thereafter, has informed the police who, it is alleged, has come to the spot and surrounded the miscreants. The informant has been recovered from that place. The petitioner has subsequently been arrested. It is submitted on behalf of the petitioner that there is no specific allegation against any of the accused persons. Co-accused Mani Mandal and Pankaj Rishideo have already been allowed bail by the Court below. The petitioner has now been in custody since 24.02.2020. His submission is that on account of political rivalry, the petitioner has been implicated in this and various other cases, which pending against him since before.

Learned APP for the State opposed the prayer for bail. It is submitted that there are 10 other cases apart from this case pending against the petitioner.

Considering the aforesaid, 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 Additional Chief Judicial Magistrate II, Udakishunganj, District - Madhepura in connection with Bihariganj PS Case No 283 of 2019 subject to the following conditions:-

Patna High Court CR. MISC. No.39286 of 2020(10) dt.21-06-2021 3/3 (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 bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T