Bishnu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74242 of 2018 Arising Out of PS. Case No.-380 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== Bishnu Mandal Son of Anil Mandal, Resident of Village- North Begamganj, P.S.-Radha Nagar, Distirct-Sahebganj (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra For the Opposite Party/s :

Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 380 of 2018 registered for the offence punishable under Sections 461, 379, 427 of the Indian Penal Code.

Allegation against petitioner is of committing theft in the shop of informant and took away the boxes of mobile set worth Rs. 18 lacs and some accessories like power bank, blue tooth, memory charger worth Rs. 2 lacs and Rs. 73,500/- FIR is against unknown.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and has been falsely implicated in this case. Nothing has been recovered from his

Patna High Court Cr.Misc. No.74242 of 2018(2) dt.13-12-2018 2/2 possession. It has been further submitted that other co-accused persons whose involvement was found in theft of mobile shop have been granted bail by the court below itself. Petitioner has no criminal antecedent and he is in custody since 29.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai (Kabaiya) P.S. Case No. 380 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) veena/- U T