Suresh Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.856 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -RANIGANJ District- ARRARIA ======================================================

1. Suresh Mandal Son of Late Narayan Mandal

2. Madhav Mandal Son of Late Domi Mandal Both resident of Village- Basgarha, Police station Raniganj, District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Adv. Mr. Aarsh Kumar, Adv.

For the Informant : Mr. Aarsh Kumar, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioners and counsel for the State as also counsel for the Informant.

It has been submitted on behalf of the learned counsel for the petitioners that the petitioners are not named in the First Information Report, later on, their name transpired on the basis of confessional statement of the co-accused and the Informant is the villagers of the petitioners and, in spite of that, he has not named the petitioners and the petitioners are in judicial custody since 25.08.2016. Learned counsels for the State as also counsel for the Informant have not controverted the aforesaid fact. Having heard both sides and in view of the fact that the petitioners are not named in the First Information Report, later on their name transpired on the basis of the confessional statement of the co-

Patna High Court Cr.Misc. No.856 of 2017 (2) dt.02-02-2017 accused and the fact that there is nothing against the petitioners and are in custody since 25.08.2016, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twentyfive Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 209 of 2016 subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of the trial and make themselves available as and when required by the court below and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail. (Vinod Kumar Sinha, J) Rishi/- U T