Dilip Singh @ Dilip Mandal @ Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39749 of 2016 Arising Out of PS.Case No. -49 Year- 2006 Thana -BATH District- BHAGALPUR ====================================================== Dilip Singh @ Dilip Mandal @ Mandal son of Ravindra Mandal @ Navin Singh, resident of village-Manihari, P.S.- Bath, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2016 It is a case of misuse of privilege of bail. The bail bond of the petitioner was cancelled on 11th March, 2016 and warrant of arrest was issued against him pursuant to which he was arrested on 12th June, 2016 and since then he is in jail. Learned counsel for the petitioner has submitted that in a case of 2006 the petitioner was granted bail by this Court vide order dated 1.10.2008 passed in Cr. Misc. No.37223 of 2008 and, thereafter, he was attending the court regularly. Subsequently, he was arrested in yet another case and was remanded to judicial custody and in that case he was released on bail. Thereafter, due to lack of Pairvi his bail bond was cancelled. It is submitted that the petitioner is ready to offer sureties and bonds to the satisfaction of

Patna High Court Cr.Misc. No.39749 of 2016 (2) dt.19-09-2016 2/3 the court.

Regard being had to the facts and circumstances of the case, the petitioner, namely, Dilip Singh @ Dilip Mandal @ Mandal is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III. Bhagalpur in connection with Sessions Trial No.205 of 2008 arising out of Bath P.S. Case No.49 of 2006 subject to the following conditions:

(i) the petitioner shall not influence the witnesses or tamper with any document (ii) at the time of furnishing the sureties, the petitioner shall furnish his address to the Court and shall not change his address till the final disposal of the case or till further orders in that regard (iii) the petitioner shall not leave the limits of India without prior permission of the trial court (iv) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court (v) the petitioner shall not do any act prejudicial to the interest of the prosecution (vi) one of the sureties must be a Government servant/elected people's representative of Panchayat/Municipality; and the other shall be a close relative and (vii) the petitioner shall abide by the above

Patna High Court Cr.Misc. No.39749 of 2016 (2) dt.19-09-2016 3/3 conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail.

(Ashwani Kumar Singh, J) Md.S./- U T