Bala Mandal @ Bale Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49218 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Bala Mandal @ Bale Mandal, aged about 34 years (Male), Son of Becho Mandal, R/o village- Malpur, P.S.- Rupauli (Mohanpur O.P.), District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Pandey For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 16-12-2022 The matter is heard via video conferencing.
The present petition is for regular bail under Section 439 and 440 of the Cr.P.C. The petitioner is involved in Naugachia P.S. Case No. 136 of 2022 registered under Section 394 and 364 of the Indian Penal Code. He had invoked remedy before the Additional District and Sessions Judge 4th, Naugachia in bail petition No. 368 of 2022 and suffered an order on 25.07.2022. Hence the present regular bail application. Having regard to the fact that petitioner is involved in isolated case for the offences under Section 394 and 364 of the Indian Penal Code and he is under judicial custody since 25.05.2022 and he is not involved in any other criminal case. Therefore, investigation and trial would take some time, hence,
Patna High Court CR. MISC. No.49218 of 2022(2) dt.16-12-2022 2/3 he is entitled to regular bail.
In the light of these facts and circumstances, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) to the satisfaction of learned Additional Chief Judicial Magistrate, Ist Naugachia in connection with Naugachia P.S. Case No. 136 of 2022 subject to the following conditions:
1. The petitioner shall co-operate in investigation and in conclusion of the trial.
2. He shall remain present on each and every date of trial till conclusion of trial.
3. He shall not try to tamper with the evidence or intimidate the witness to delay the conclusion of trial.
4. In the event of default of two consecutive dates without any valid reasons, his bail bonds is liable to be cancelled.
5. The Court below shall verify the criminal antecedent of the petitioner and in the case, at any stage, it is found that petitioner had concealed his criminal antecedent, the court below or investigating authority shall take immediate steps for cancelling bail bond of the petitioner. However, acceptance of bail bonds, in terms of the aforementioned order shall not be
Patna High Court CR. MISC. No.49218 of 2022(2) dt.16-12-2022 3/3 delayed for this purpose or in the name of verification. (P. B. Bajanthri, J) GAURAV S./- U