Udesh Kumar Mandal @ Udesh Mandal @ Udai Mandal @ Uday @ Uday Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54960 of 2019 Arising Out of PS. Case No.-28 Year-2017 Thana- DARBHANGA RAIL P.S. DistrictSamastipur ====================================================== Udesh Kumar Mandal @ Udesh Mandal @ Udai Mandal @ Uday @ Uday Kumar Mandal, aged about 41 years. Male, Son of Gopal Mandal Resident of Village - Koskipur Ward No. - 9, P.S.- Kursela, District - Katihar. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Rail Darbhanga P.S.Case No.28 of 2017 registered for an offence under Sections 420, 467, 468, 489A, 489B and 489C/34 of the Indian Penal Code.

Earlier the prayer for bail of this petitioner was rejected by a coordinate Bench of this Court vide order dated 05.02.2018 passed in Cr.Misc.No.6099 of 2018. Allegation against this petitioner is that he was caught red handed carrying fake currency notes to the tune of Rs.1,02,200/-.

It is submitted on behalf of that in spite of lapse of more than two and half years, till date the case has not been committed. It is also submitted that there is no recovery from the possession of the petitioner and recovery is made from the

Patna High Court CR. MISC. No.54960 of 2019(3) dt.25-10-2019 2/2 co-accused Sufal Choudhary. Petitioner is mere a career of the bag. Petitioner is in custody since 31.03.2017 and chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate (R) Samastipur in connection with Rail Darbhanga P.S.Case No.28 of 2017 with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tamper 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. (Prabhat Kumar Singh, J) B.Kr./- U T