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Patna High CourtCR. MISC./54346/2017bail granted

Dashrath Mandal v. The State Of Bihar

2018-01-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54346 of 2017 Arising Out of PS.Case No. -193 Year- 2017 Thana -BANMANKHI District- PURNIA ======================================================

1. Dashrath Mandal, Son of Late Jalap Mandal, R/o Village- Kazinaghrahi, Ward no.-9, P.S.- Banmankhi, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh, Advocate For the Opposite Party/s : Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Banmankhi P.S. Case No. 193 of 2017 instituted for the offence under Sections 341,323,384,447,379,307/34 of the IPC.

Learned counsel for the petitioner has submitted that there is case and counter case between the parties. The petitioner side has also lodged a case vide Banmankhi P.S. Case No. 194 of 2017 against the informant and two other persons. It has been further submitted that vide injury report enclosed as Annexure-2, the injuries of the injured person are simple in nature. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks

Patna High Court Cr.Misc. No.54346 of 2017 (2) dt.16-01-2018 2/2 from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Banmankhi P.S. Case No. 193 of 2017 to the satisfaction of learned A.C.J.M., Purnea subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T