Dashrath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37810 of 2015 Arising Out of PS.Case No. -88 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Dashrath Mandal Son of Late Rameshwar Mandal resident of village - Belabathan, P.S. Sono, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amar Prakash, Adv. For the Opposite Party/s : Ms. Renu Kumari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 01-09-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Section 364, 448, 427/34 and 302 of the Indian Penal Code and the earlier observation of this Court in the order dated 21.1.2015 in Cr. Misc. No. 40191 of 2014 giving liberty to the petitioner to renew his prayer for bail after completing a period of one year of the judicial custody and the fact that the petitioner is in judicial custody since 29.5.2014, this Court, taking into account that the investigation of the case is still continuing against other accused person, would be inclined to grant bail to the petitioner. That being so, the petitioner, namely, Dashrath Mandal is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Shyamal Kumar, Judicial Magistrate, 1st Class, Jamui

Patna High Court Cr.Misc. No.37810 of 2015 (2) dt.01-09-2015 in connection with Jhajha P.S. Case No. 88 of 2014, subject to the following conditions:- (i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and, thereafter, the Court below will be at liberty to initiate a proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Rishi/- U T