Uday Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16427 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR ====================================================== Uday Mandal, son of Late Mahangi Mandal, resident of village Gangapur, P.S. Sultanganj, District Bhagalpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Part ====================================================== Appearance:

For the Petitioner : Mr. Ashutosh Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.07.2016 in connection with Akbarnagar P.S. Case No. 37 of 2016 for the alleged offences under Sections 341, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event he is only the order giver. Co-accused Kare Mandal who is said to have been fired has been granted bail by this Court in Cr. Misc. No. 2343 of 2017. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 24.07.2016 already suffered by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.16427 of 2017 (2) dt.04-04-2017 Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Akbarnagar P.S. Case No. 37 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T