Ranjeet Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55703 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- BARHARA KOTHI District- Purnia ====================================================== Ranjeet Mandal S/o Sri Basudeo Mandal, R/o village- Badiya, P.S.- Barhara (Raghubansh Nagar), Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 09 of 2021, lodged under Sections 302, 120B & 34 of the Indian Penal Code read with Section 27 of Arms Act.

The prosecution case has been filed against 5 named accused persons for committing murder of son of informant, the name of petitioner is not figured in the F.I.R. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is not named in the F.I.R., his name has

Patna High Court CR. MISC. No.55703 of 2021(5) dt.27-09-2022 2/3 figured in this case by virtue of confessional statement of petitioner himself. He further submits that there are 11 criminal antecedents of petitioner and due to this reason, police has taken him into remand. He further submits that in 6 cases petitioner has been acquitted, and in rest cases petitioner is on bail except 1 case. Learned counsel for the petitioner further submits that petitioner is in custody since 09.03.2021 and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail and submits that the name of petitioner has come by hearsay witness.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara (Raghubansh Nagar) P.S. Case No. 09 of 2021 , subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.55703 of 2021(5) dt.27-09-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T