Kamal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32877 of 2014 Arising out of P.S. Case No. -166 Year- 2005 Thana - SITAMARHI District- SITAMARHI =================================================== Kamal Mandal Son of Late Chulhai Mandal Resident of Koat Bazar, Ward No. New 14, Old 8, Sitamarhi, P.S. AND District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Adv. For the Opposite Party/s: Mr. Rajesh Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04.

23.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code.

Considering that the Petitioner was summoned under Section 319 Cr.P.C., let him be released on bail after framing of charge on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of 1st Additional District & Sessions Judge, Sitamarhi in connection with S.Tr. No. 456 of 2009 arising out of Sitamarhi P.S. Case No. 166 of 2005 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an

Patna High Court Cr.Misc. No.32877 of 2014 (4) dt.23-01-2015 affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the son of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his 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 Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

Vikash/- (Anjana Prakash, J.) U T