Patna High CourtCR. MISC./1093/2018bail granted

Damodar Mandal And ANR v. The State Of Bihar

2018-01-12Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.1093 of 2018 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1093 of 2018 Arising Out of PS.Case No. -450 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Damodar Mandal, S/o Bainu Mandal

2. Murli Mandal @ Murari Mandal S/o Siru Mandal both are resident of Village- Kodwar, P.S. Ghogha (Kahalgaon), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : Mr. Sri Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

This is a case registered under Sections 147,149,448,342,323,379,504,506 of the Indian Penal Code and later on 302 IPC was added.

Petitioners' counsel submits that similarly situated co-accused namely, Diwakar Kumar has already been granted bail in Cr. Misc. No. 12968 of 2017 vide order dated 18.04.2017. He submits that against the petitioners also there is no specific allegation of assault. Other co-accused have also been granted bail by orders which have been annexed as Annexure 3 series to the bail application. Petitioners are in jail custody since 15.09.2017. In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.1093 of 2018 (2) dt.12-01-2018 bail of the petitioners is allowed. Let the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Khalgoan (Ghogha) P.S. Case No. 450 of 2016 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioner will be well represented on each date and if they fails to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U