Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49240 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -JAMALPUR RAIL P.S. District- LAKHISARAI ====================================================== Santosh Mandal, Son of Late Hari Mandal, R/o Village- Pariya, P.S.- Bariyarpur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jamalpur Rail P.S. Case No. 13 of 2017 instituted for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that he is not named in the written report. His name has come during investigation in paragraph-22 of the case diary, merely, on the basis of CC TV footage. The house of the petitioner is situated near the railway station and merely on suspicion, his name has come in the investigation.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within

Patna High Court Cr.Misc. No.49240 of 2017 (4) dt.08-01-2018 2/2 six weeks from today, in connection with Jamalpur Rail P.S. Case No. 13 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway Kiul (Lakhisarai), subject to the conditions as laid down under Section 438 (2) 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 date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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.

(Sanjay Priya, J) S.Ali/- U T