Binod Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23185 of 2014 Arising Out of PS.Case No. -247 Year- 2013 Thana -KHARAGPUR District- MUNGER ======================================================
1. Binod Mandal, son of late Chhedi Mandal, R/o Village Dangrachak, P.S. Haweli Kharagpur, District Munger .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.31697 of 2014 Arising Out of PS.Case No. -247 Year- 2013 Thana -KHARAGPUR District- MUNGER ======================================================
1. Anup Lal Gupta, S/o Late Chhotu Prasad Singh, the then Head Teacher of Primary School, Dangra Chak, resident of village- Purushottampur, Ward No.-3, P.S.- Haveli Khargpur (Sampur), Dist.- Munger .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.23185 of 2014) For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP. (In Cr.Misc. No.31697 of 2014) For the Petitioner/s : Mr. Raj Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 08-01-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek bail in a case instituted for the offence under Section(s) 406, 409, 419, 420 Indian Penal Code. Considering that the entire case is based on documentary evidence which has already been collected and the Petitioners have fair antecedents, let the Petitioners, above named,
Patna High Court Cr.Misc. No.23185 of 2014 (3) dt.08-01-2015 2/3 be released on bail on furnishing bail bond of `5,000/-(Five Thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Sub-Divisional Judicial Magistrate, Munger, in connection with Haveli Kharagpur P.S. Case No.247 of 2013, subject to the conditions:
(i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay
Patna High Court Cr.Misc. No.23185 of 2014 (3) dt.08-01-2015 3/3 the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) JA/- U T