Raghubir Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50538 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Raghubir Mandal, Son of Sakaldeo Mandal, resident of Bihula Tola, Choti Sankarpur, P.S.- Parbatta, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate. For the Opposite Party/s : Mr. Binod Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nathnagar P.S. Case No. 01 of 2017 instituted for the offence under Sections 452, 341, 323, 386 and 436/34 of the Indian Penal Code. The other co-accused persons with similar allegation have been granted anticipatory bail by this Court vide order dated 07.07.2017 passed in Cr. Misc. 29859 of 2017. Learned counsel for the petitioner has submitted that there is case and counter case between the parties. There is general and omnibus allegation against the petitioner. 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 six

Patna High Court Cr.Misc. No.50538 of 2017 (2) dt.02-11-2017 2/2 weeks from today, in connection with Nathnagar P.S. Case No. 01 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, 1st, Bhagalpur, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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