Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53726 of 2019 Arising Out of PS. Case No.-341 Year-2019 Thana- BANKA District- Banka ====================================================== BHOLA MANDAL Son of Late Bhudo Mandal Resident of Village - Lila Baran, P.S.- Barahat, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323 and 354 of the Indian Penal Code, registered in connection with Banka (Barahat) P.S.Case No. 341 of 2019, G.R.No. 1372 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusations are highly doubtful as the petitioner is none other than father-in-law of the informant. The petitioner is an aged man of about 60 years and there is land dispute between the parties. The present FIR has been filed only with a view to harass the petitioner. The accusation of assault is not corroborated with any injury report. The petitioner claims clean antecedents.

4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten

Patna High Court CR. MISC. No.53726 of 2019(3) dt.16-11-2019 2/2 thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Banka in connection with Banka (Barahat) P.S.Case No. 341 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T