Amit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8790 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -RAIL District- LAKHISARAI ======================================================

1. Amit Mandal son of Naresh Mandal, Resident of village- Lailakh, P.S.- Sabaur, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04-03-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 401 and 379 of the Indian Penal Code. Considering the nature of allegations and the fair antecedents of the Petitioner and the fact that her mother Sunita Devi undertakes his responsibility, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Railway Judicial Magistrate, Kiul at Lakhisarai in connection with G.R.P. Jamalpur (Rail) P.S. Case No.43 of 2014, subject to the conditions (i) That one of the bailor shall be Sunita Devi, mother of the Petitioner and the other bailor will be local

Patna High Court Cr.Misc. No.8790 of 2015 (2) dt.04-03-2015 2/2 since the Petitioner belongs to Bhagalpur district. The bailor will undertake to furnish information to the Court about any change in 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 ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.