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Patna High CourtCR. MISC./32631/2018bail granted

Bharat Mandal And ORS v. The State Of Bihar

2018-06-28Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32631 of 2018 Arising Out of PS.Case No. -103 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================

1. Bharat Mandal, Son of Lalji Mandal,

2. Ramu Mandal @ Ram Mandal @ Ramu Kumar, Son of Arun Mandal,

3. Arun Mandal, Son of Vakil Mandal, All resident of Village- Barikhal (Fulout Purvi), P.S.- Chausa, District- Madhepura. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Chausa P.S. Case No. 103 of 2017, registered for the offences punishable under Sections 365/ 34 of the Indian Penal Code.

Allegation as per the F.I.R. against the petitioners is that due to previous enmity petitioner Nos. 2 and 3 had called the son of the informant and thereafter he is traceless. Submission of learned counsel for the petitioners is that except suspicion there is nothing against the petitioners and petitioner No. 1 is not named in the F.I.R. and they have clean antecedent.

Patna High Court Cr.Misc. No.32631 of 2018 (2) dt.28-06-2018 2/3 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Madhepura in connection with Chausa P.S. Case No. 103 of 2017, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that they have to co-operate in the investigation of the case and make himself available as and when required by the police, otherwise the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) AnilKrSinha/Priyank a/- U

Patna High Court Cr.Misc. No.32631 of 2018 (2) dt.28-06-2018 3/3