Shambhu Mandal @ Sabhu Saran @ Sambhu Sharan Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.803 of 2018 Arising Out of PS.Case No. -5 Year- 2017 Thana -SACHIWALAYA District- PATNA ====================================================== Shambhu Mandal @ Sabhu Saran @ Sambhu Sharan Kushwaha .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Sri Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
This is a case registered under Sections 363 and 365/34 of the Indian the Penal Code.
Counsel for the petitioner submits that other coaccused against whom allegations have been levelled in the FIR have been allowed bail by this Court in Cr. Misc. No. 34453 of 2017 and 47967 of 2017. Petitioner is not named in the FIR. Prior to the instant case there is no criminal antecedent of the petitioner. Merely on the basis of suspicion he has been implicated in the instant case. Petitioner is in custody since 25.01.2017.
Investigation is also completed so there is no chance of tampering the evidence of the witnesses.
In the facts and circumstances of the case, prayer for
Patna High Court Cr.Misc. No.803 of 2018 (2) dt.11-01-2018 2/2 bail of the petitioner is allowed. 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-cum-Sub Judge 2, Patna in Sachivalay P.S. Case No. 5 of 2017 subject to the conditions :
(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 will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash/- U T