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Patna High CourtCR. MISC./29115/2017bail granted

Ranjit Mandal @ Ranjit Don v. The State Of Bihar

2017-07-31Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29115 of 2017 Arising Out of PS.Case No. -170 Year- 2016 Thana -AIRPORT District- PATNA ======================================================

1. Ranjit Mandal @ Ranjit Don Son of Sri Shivdani Mandal Resident of Village- Bodh Nagar, Police Station- Ramgarh, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 02.01.2017 in connection with Hawai Adda P.S. Case No. 170/16 for offences punishable under Sections 364/120-B of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his two sons were kidnapped by the petitioner and other coaccused from Jai Prakash Narayan International Airport, Patna It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case only on the basis of similar name. He submits that four persons were arrested by the police and one Ranjit Mandal,

Patna High Court Cr.Misc. No.29115 of 2017 (4) dt.31-07-2017 2/3 son of Ram Awatar Mandal was arrested by the police along with three others during combing operation by the police and the name of petitioner has been dragged in just because he has some cases pending against him, as is evident from paragraph 105 of the case diary. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail stating therein that the offence is of serious nature and the petitioner is involved in six more cases prior to institution of the present case.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail after completion of one year in jail custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna, in connection with Hawai Adda P.S. Case No. 170/2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the

Patna High Court Cr.Misc. No.29115 of 2017 (4) dt.31-07-2017 3/3 petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if the petitioner if found to be inducing the witnesses or if indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T