Mohan Kumar Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51613 of 2016 Arising Out of PS.Case No. -474 Year- 2014 Thana -SUPAUL District- SUPAUL ======================================================
1. Mohan Kumar Mandal, S/o Shivanand Mandal, R/o Village- Hariyahi, Tola- Hajipur, P.O.- Hariyahi, P.S.- Nirmali, District- Supaul.
2. Ramesh Kumar, S/o Ram Bharat Ram, R/o Village- Bagraha, P.S.- Ghoghardiha, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2016 Heard the learned counsel for the petitioners as well as the learned A.P.P for the State.
The petitioners seek bail in a case for the offences punishable under sections 419, 420, 468 and 471 of the I.P.C The petitioners were on bail but on 18.05.2016 attendance was filed of the petitioner Mohan Kumar Mandal as he was present in the court and a petition under section 317 of the Cr.P.C was filed on behalf of petitioner no.2, namely, Ramesh Kumar, but on call nobody responded resulting the bail bond was cancelled. The petitioner Mohan Kumar Mandal developed some stomach pain and he went to purchase medicine and in the meantime case was called out. The petitioners thereafter
Patna High Court Cr.Misc. No.51613 of 2016 (3) dt.16-12-2016 2/2 voluntarily surrendered in the learned court below but they have been refused bail and have been taken into custody. The petitioners undertake not to commit such mistake in future and to be vigilant.
The learned A.P.P. submits that now considering detention of the petitioners lenient view can be taken. In the facts and circumstances as stated above, considering that the petitioners are in custody since 26.09.2016 and now have been sufficiently penalized and as such they are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumar Krishna Dev, Judicial Magistrate, Supaul in Supaul P.S. Case No. 474 of 2014/ G.R. No. 1877 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T