Triveni Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9599 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Triveni Kumar Mandal Son Of Bhola Mandal Resident Of VillageMaharajganj, Suratganj, Ward No.-15, P.S.-Town, District-Madhubani. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. BK Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379 and other ancillary sections of the Indian Penal Code. As per the prosecution case, stolen articles of the godown of the informant have been recovered from the courtyard of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. Recovery has been made from the house of the joint family. He is in custody since 1.10.2020. Similarly situated co-accused has already been allowed bail by this Court vide order passed in Cr.Misc.No.

Patna High Court CR. MISC. No.9599 of 2021(2) dt.22-07-2021 2/2 9714/2021.

State counsel opposes the prayer for bail.

Considering the facts and circumstances of the case and the period of custody of the petitioner and he bears clean antecedent, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Madhubani town Police Station Case No. 194 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T