Jai Jai Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54362 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ======================================================

1. Jai Jai Mandal, son of late Wakil Mandal, &

2. Santosh Mandal, son of late Wakil Mandal, both are resident of villagePariya, P.S.-Bariyarpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Bhagalpur GRPS Case No.118 of 2017 instituted for the offence under Section(s) 401, 414 Indian Penal Code.

Counsel for the petitioners has submitted that they have not been arrested at the spot.

It is alleged in the written report that police received confidential information that few criminals have assembled at Akbar Nagar Police Station with a view to commit theft in the train. The police personnel arrested one Ajay Kumar Mandal and he disclosed that they were planning to commit theft of gold jewelleries in the train with his associates. He took name of these petitioners. It is further alleged that one ATM card and some

Patna High Court Cr.Misc. No.54362 of 2017 (2) dt.10-11-2017 2/2 other articles were also recovered from the possession of Ajay Kumar Mandal.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bhagalpur GRPS Case No.118 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Railway, 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) petitioners 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 petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) JA/- U T