Chandan Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56939 of 2022 Arising Out of PS. Case No.-131 Year-2022 Thana- BISFI District- Madhubani ====================================================== CHANDAN KUMAR MANDAL S/o Mishri Mandal Resident of villageKamlawari, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.
The petitioner seeks bail in connection with Bisf P.S. Case No. 131 of 2022, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
The prosecution case as emerging from the FIR is that on 26.05.2022 when the marriage of the son of one Ramnath Mandan was going on, at about 07:30 P.M., the petitioner and his associates caught the informant and struck him with a broken bottle on the left side of his neck and also gave knife blow.
2/4 Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the whole case is full of concoction and fabrication. He also submits that other accused person, namely, Binod Mandal has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 08.02.2023 passed in Cr. Misc. No. 48825 of 2022.
He further submits that the petitioner has been languishing in jail since 05.06.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in
3/4 the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. ACJM- I, Benipatti, District - Madhubani in connection with Bisf P.S. Case No. 131 of 2022, on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfed that the petitioner has concealed his criminal antecedents despite his knowledge of
4/4 the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certifed copy of this order only after removal of office objections.
(Jitendra Kumar, J) ashishkr/- U T