Diwakar Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40571 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Diwakar Mandal Son of Babulal Mandal,

2. Mehran Mandal Son of Suresh Mandal, Both are resident of Village- Gohriyo, P.S-Lodipur, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 19-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioners, namely, Diwakar Mandal and Mehran Mandal, in connection with Lodipur Police Station Case No. 24 of 2016, under Section 341/323/307/354(B)/376/511/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Shailendra Kumar Dwivedi, learned Counsel for the petitioners, and Mrs. Veena Kumari Jaiswal, learned Additional Public Prosecutor, appearing on behalf of the State.

In view of the fact that the accused above-named has been in custody since 24.03.2016 in connection with the case

Patna High Court Cr.Misc. No.40571 of 2016 (2) dt.19-09-2016 2/2 aforementioned and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioners' liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties each, each of the like amount, subject to the satisfaction of the learned Additional Sessions Judge-I, Bhagalpur, in connection with Lodipur Police Station Case No. 24 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of.

(I.A. Ansari,CJ) Mkr./- U T