Bhojal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57222 of 2021 Arising Out of PS. Case No.-462 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Bhojal Mandal Son of Anil Mandal Resident of Village - Rajandipur, P.S.- Sabour, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Kahalgaon (Ghogha) P.S. Case No. 462 of 2021 registered for the offences punishable under Sections 379, 414/34 of the Indian Penal Code.

According to prosecution case, the informant got secret information that stolen motorcycle has been kept at the house of Kailash Mandal at Brahmchari Tola, by giving information to his superior official the informant reached at the

Patna High Court CR. MISC. No.57222 of 2021(2) dt.28-01-2022 2/3 house of Kailash Mandal. One person tried to flee, who was caught with the help of police force, who disclosed his name as Bhojal Mandal and stated that this is my Sural. The police force with petitioner Bhojal Mandal searched the house of Kailsah Mandal and found four motorcycles.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. He further submits that nothing has been recovered from conscious possession of the petitioner or from the house of the petitioner. He further submits that the recovery has been made from the house of the co-accused namely Kailash Mandal, Kailash Mandal is the father-in-law of the petitioner. Petitioner is in custody since 15.07.2021.

The learned Additional Public Prosecutor opposed the prayer for bail submitting that petitioner carries one criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur

Patna High Court CR. MISC. No.57222 of 2021(2) dt.28-01-2022 3/3 in connection with Kahalgaon (Ghogha) P.S. Case No. 462 of 2021, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T