Sukdev Mandal @ Sukhdev Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15349 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Sukdev Mandal @ Sukhdev Mandal, S/o Late Hira Lal Mandal, R/o Radha Devi Lane, Durga Mandir (Kali Mandir) Road, Mundichak, P.S.- Tilkamanjhi, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends arrest in Kotwali (Tilkamanjhi) P.S. Case No. 22 of 2018, instituted for the offence under Sections 304,288,34 of the IPC. Learned counsel for the petitioner has submitted that he is the purchaser of the land in question. He has given the work to contractor for construction work over the land. The petitioner is suffering from neurological problems since last one year. He came to Patna on 08.01.2018, for his health check up. He was not present at the place of occurrence. Learned counsel for the petitioner has further submitted that contractor has already been granted anticipatory

Patna High Court Cr.Misc. No.15349 of 2018(3) dt.24-04-2018 2/2 bail by coordinate Bench of this Court vide order dated 28.02.2018 passed in Cr. Misc. No. 12452 of 2018. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kotwali (Tilkamanjhi) P.S. Case No. 22 of 2018, to the satisfaction of the learned CJM, Bhagalpur, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.