Md. Manir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36298 of 2014 Arising out of P. S. Case No. - 266 Year - 2014 Thana - BHAGALPUR KOTWALI District - BHAGALPUR ====================================================== Subhash Mandal @ Shubha Mandal, son of Kamdeo Prasad Singh, Resident of Village - Tahbalpur, P.S. - Lodipur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No. 37311 of 2014 Arising out of P. S. Case No. - 266 Year - 2014 Thana - BHAGALPUR KOTWALI District - BHAGALPUR ====================================================== Md. Manir Alam, Son of Md. Gulam Rasul, Resident of Village - Bhikhanpur, near Bari Masjit, P.S. - Ishaque Chak, District - Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 09.05.2014 in a case registered for the offences punishable under Sections 395/397 of the Indian Penal Code. The staff of the informant was robbed by causing fire-arm injury on his person.

It is submitted by the learned counsel on behalf of Subhash Mandal @ Shubha Mandal that the petitioner has not been put on Test Identification Parade. Statement to that effect

Patna High Court Cr.Misc. No.36298 of 2014 (3) dt.13-01-2015 has been made in paragraph 14 of the petition and a statement has been made in paragraph 3 of the petition that the petitioner is accused in four other cases but he is on bail. In paragraph 12 of the petition it is stated that there is no recovery from the petitioner and recovered two motorcycles belong to the petitioner.

It is submitted on behalf of Md. Manir Alam that petitioner is neither named in the First Information Report nor any recovery has been made from him nor he has been put on Test Identification Parade. In paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let petitioners, above named be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 266 of 2014.

Keeping in view of the criminal antecedent of petitioner, namely, Subhash Mandal @ Shubha Mandal, the learned court below will be at liberty to cancel the bail bonds of petitioner Subhash Mandal @ Shubha Mandal, if he

Patna High Court Cr.Misc. No.36298 of 2014 (3) dt.13-01-2015 defaults for two consecutive occasions or gets substantially involved in some serious nature of offence.

Kundan/- (Dinesh Kumar Singh, J.) U T