Sharban Mandal @ Sarwan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32771 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -SABAUR District- BHAGALPUR ======================================================

1. Sharban Mandal @ Sarwan Kumar Mandal, s/o Late Shakaldeep Mandal, resident of Village- Agarpur Dhuriya, P.S.- Lodipur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sessions Trial No.457 of 2017 (arising out of Sabour P.S.Case No.20 of 2017), registered for offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

The allegation against the petitioner is of recovery of two cartridges from his possession.

Submission of the learned counsel for the petitioner is that no looted article has been recovered from the possession of the petitioner and further he has been made accused in few other cases also under Section 379 of the IPC and these cases are of the year, 2013-2014.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be

Patna High Court Cr.Misc. No.32771 of 2017 (2) dt.24-07-2017 2/2 enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No.457 of 2017 (arising out of Sabour P.S.Case No.20 of 2017). With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U