Ram Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43628 of 2019 Arising Out of PS. Case No.-853 Year-2018 Thana- DANAPUR District- Patna ====================================================== 1.

RAM KUMAR MANDAL Son of Late Ram Khelawan Mandal Resident of Village - Gangotri Arcade Apartment, Flat No.401, Lct. ghat, mainpura, P.S.- Patliputra, Dist.- Patna.

2.

Devanand Son of Tarkeshwar Prasad Resident of 310, Patliputra Colony, P.S.- Patliputra, Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 420, 406/120B IPC registered in connection with Danapur P.S. Case No. 853/2018.

3. It is submitted that the petitioners have been falsely implicated merely because they signed the sale agreement as witnesses. The petitioners had neither entered into contract with the informant nor are they sellers nor have they received any part of the sale consideration. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM Ist, Danapur, Patna, in connection with Danapur P.S. Case No. 853/2018, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.43628 of 2019(2) dt.16-07-2019 2/2 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T