Sintu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43886 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -KATIHAR (R.T) District- KATIHAR ======================================================

1. Sintu Mandal S/o Late Adho Mandal Bari Jhitkiya, Ward No. 8, P.S. Maheshkhunth, Distt. - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 29.01.2018 in connection with Katihar Rail P.S. Case No. 04/2018 registered for the offences punishable under Sections 401/34 of the Indian Penal Code and Section 137/147 of the Indian Railway Act. Learned counsel for the petitioner submits that the petitioner has been arrested on pure suspicion while he was sitting under the bridge near the cabin of the railway and have tried to escape when the police were approaching the bridge. It is further submitted that save and except 12 Andep/0.25 mg tablets and rupees one hundred and also a blade, no other articles have been recovered from the petitioner. It is next submitted that the cases

Patna High Court Cr.Misc. No.43886 of 2018 (2) dt.26-07-2018 2/3 which have been against the petitioner had ended in acquittal and the petitioner is languishing in jail for more than six months. Considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Katihar, in connection with Katihar Rail P.S. Case No. 04/2018, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be

Patna High Court Cr.Misc. No.43886 of 2018 (2) dt.26-07-2018 3/3 at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T