Navin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32854 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ====================================================== Navin Mandal, Son of Rajiv Ranjan, resident of Village- Sarauni Kala, P.S. Bihariganj, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amarnath Jha, Advocate. For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sour Bazar (Pastpart Shivir) P.S. Case No. 53 of 2016 (G.R. No. 395 of 2016) instituted for the offence under Sections 392 and 411 of the Indian Penal Code.

It has been submitted that the petitioner is not named in the written report.

From the impugned order, it appears that the name of this petitioner has come in the confessional statement of co-accused Dipak Kumar Yadav.

The learned Sessions Judge has mentioned in the impugned order that there is no recovery of any incriminating articles from possession of the petitioner.

It is mentioned in paragraph-3 of the bail petition that

Patna High Court Cr.Misc. No.32854 of 2017 (3) dt.18-07-2017 2/2 petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sour Bazar (Pastpart Shivir) P.S. Case No. 53 of 2016 (G.R. No. 395 of 2016), he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T