Ghanshyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61148 of 2024 Arising Out of PS. Case No.-137 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== Ghanshyam Mandal S/o Sri Chhatish Mandal R/v - Badiya Mahikhand, P.SRaghubansh, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Bihariganj P.S. Case No. 137 of 2020, registered for the offences punishable under Sections 302, 37, 120(B)/34 of the IPC and Section 27 of the Arms Act.

3. The learned counsel for the petitioner has submitted that the petitioner was granted bail vide order dated 29.04.2023 in Cr. Misc. No. 5519 of 2023 but his bail bond was not accepted by the court below as one of the conditions was that, after release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any other case except the cases as mentioned in para-3 of the bail petition, his bail bond shall not be accepted.

Patna High Court CR. MISC. No.61148 of 2024(4) dt.29-11-2024 2/2

4. Learned counsel has submitted further that due to inadvertence in paragraph no. 3 of the bail petition, only two cases were mentioned but the petitioner was involved in some other cases also. He has also submitted that the petitioner has amply been punished for his guilt and he is under custody since 17.11.2022. He has next submitted that the petitioner has been either acquitted or has been granted bail in the cases which have been mentioned in paragraph 3 of the present petition.

4. Considering the above-mentioned facts and circumstances as well as the fact that the petitioner is under custody for more than two years, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 137 of 2020, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U