Patna High CourtCR. MISC./43206/2019bail granted

Rajpati Mandal v. The State Of Bihar

2019-09-27Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43206 of 2019 Arising Out of PS. Case No.-48 Year-2006 Thana- KISHANGAANJ RAIL P.S. DistrictKatihar ====================================================== RAJPATI MANDAL S/o Chmaru Lal Mandal R/o village- Jhaua Kursel, P.S.- Kadwa, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 06.04.2019 has filed the instant application for grant of bail in connection with Kishanganj (Barsoi) Rail P.S. Case No. 48 of 2006 (Sessions Trial No. 35 of 2007) (District- Katihar) registered for the offence punishable under sections 147, 148, 149, 323, 341, 332, 333, 353,504,201,224 and 225 of the Indian Penal Code. As per learned counsel for the petitioner, the petitioner had been granted bail which was subsequently cancelled by order dated 31.8.2018. It is submitted that the petitioner is in custody since 06.04.2019.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.43206 of 2019(3) dt.27-09-2019 2/2 taking into consideration the fact that this is a case of misuse of the privilege of bail and the petitioner is in custody since 06.04.2019, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Fast Track Court II, Katihar in connection with Kishanganj (Barsoi) Rail P.S. Case No. 48 of 2006 (Sessions Trial No. 35 of 2007) (District- Katihar).

It is directed that the petitioner shall remain present on each and every date in the court below in course of trial. In case of absence of the petitioner on two consecutive dates for the reasons not to the satisfaction of the trial court the bail of the petitioner shall be cancelled and he shall be taken into custody till conclusion of the trial.

(Partha Sarthy, J) Bibhash/- U T