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Patna High CourtCR. MISC./2150/2017bail granted

Amit Mandal v. The State Of Bihar

2017-02-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2150 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -KHAGARIA GRP CASE District- KHAGARIA ====================================================== Amit Mandal son of Ajay Mandal resident of Village - Jhiktiya, P.S. Maheshkhunt, District Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 379 of the I.P.C Allegedly, unknown miscreants snatched Purse containing cash of Rs. 7,200/-, gold Mangal Sutra, two Nokia Mobiles, ATM of the State Bank and new bill of electric connection and fled away. During investigation the petitioner was apprehended and from his possession stolen mobile was recovered.

Submission is of false implication and that the petitioner without any fault is suffering in custody since 05.11.2016, no test identification parade has been conducted and

Patna High Court Cr.Misc. No.2150 of 2017 (3) dt.23-02-2017 2/2 without any fault he is suffering in custody. The learned A.P.P. opposes prayer for bail of the petitioner by submitting that the stolen mobile was recovered from possession of the petitioner.

In the facts and circumstances as stated above, the petitioner shall be released on bail, after completion of six months in custody, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. (Rail), Khagaria in Mansi Rail P.S. Case No. 18 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T