Chamru Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46179 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- PALASI District- Araria ====================================================== 1.

CHAMRU MANDAL, aged about 55 years, male, Son of Farbi Mandal Resident of Village - Korhaili, P.S.- Palasi, Distt - Araria. 2.

Bechan Mandal @ Bechan Kumar Son of Chamru Mandal Resident of Village - Korhaili, P.S.- Palasi, Distt - Araria. 3.

Budhan Mandal Son of Kurai Mandal @ Kishori Mandal Resident of Village - Korhaili, P.S.- Palasi, Distt - Araria. 4.

Shyam Mandal @ Shyam Sunder Mandal Son of Kurai Mandal @ Kishori Mandal Resident of Village - Korhaili, P.S.- Palasi, Distt - Araria. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mukesh Kumar Rana, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 448, 341, 323, 307, 354B, 379, 504, 427/34 of the Indian Penal Code registered in connection with Palasi P.S. Case No. 155 of 2018.

3. It is submitted that the petitioners have been falsely implicated and in any event the accusation under Sections 307 and 354B IPC are specifically attributed to other co-accused Ashok Bishwas and Mithun Kumar. The accusations against the petitioner nos. 2, 3 and 4 are general and omnibus and in any event the injuries are simple in nature and the accusations of snatching Rs. 26,000/- by petitioner no. 1 is mere embellishment. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.46179 of 2019(2) dt.26-07-2019 2/2

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in connection with Palasi P.S. Case No. 155 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T