Ajay Kumar Mandal @ Ajoy Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8233 of 2018 Arising Out of PS.Case No. -30 Year- 2013 Thana -HABIBPUR District- BHAGALPUR ====================================================== Ajay Kumar Mandal @ Ajoy Kumar Mandal S/o. Shiv Narayan Mandal R/v. Etwari Hat, Godhi Tola, P.S. Habibpur, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Habibpur P.S. Case No.30 of 2013, corresponding to S.T. No.1041 of 2013, a case under Sections 366A/506/120B of the Indian Penal Code.

The petitioner was granted bail in Cr. Misc.

No.34704 of 2013 with condition that if the petitioner would remain absent for two consecutive dates before the learned Courtbelow, the learned Court-below shall be at liberty to cancel the bail-bonds of the petitioner.

Submission of the learned counsel for the petitioner is that though it is a fact that the petitioner was not physically present; rather his representation under Section 313

Patna High Court Cr.Misc. No.8233 of 2018 (2) dt.12-02-2018 P2/ Cr.P.C. was filed for two consecutive dates but it is also a hard fact that the charges were framed on 01.10.2013 but no prosecution witness has been examined uptil now and only the petitioner is being harassed in this case.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with modification in the earlier condition that if the progress would be hampered due to absence of the petitioner the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T