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Patna High CourtCR. MISC./3439/2017bail granted

Sanjay Mandal @ Sanjay Kumar Mandal v. The State Of Bihar

2017-02-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3439 of 2017 Arising Out of PS.Case No. -31 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Sanjay Mandal @ Sanjay Kumar Mandal, S/o Late Jaykishore Mandal, Resident of Village- Bansgarha, Rampur Khora Panchayat, Ward No. 14, P.S. Uda Kishunganj, District- Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Uda-Kishunganj P.S. Case No.31 of 2016 registered under Sections 420, 406, 468, 471, 323 and 379/34 of the Indian Penal Code.

The accusation is that on 11.07.2011 at about 03.00 P.M., when the complainant/informant reached at the door of Ajay Mandal at village-Bansgarha for collecting the donation to construct Satsung Bhawan, then Ampu Devi, the wife of Sanjay Mandal (petitioner), Lalita Devi, wife of Ajay Mandal and Shivrani Devi, wife of Late Jaikishore Mandal, asked him to deposit the collected amount of donation in the Bank named as "Laxmi Gramin Vikas Samiti", which will pay 3% interest per month on the deposited amount. Thereafter,

Patna High Court Cr.Misc. No.3439 of 2017 (2) dt.14-02-2017 2/2 the informant reached at the Bank where Ajay Mandal posing himself to be Branch Manager and this petitioner posing himself to be cashier of the said Bank, got opened the account of the informant and the informant deposited Rs.1,34,234/- in the said Bank but, on demand, the said amount was not returned to the informant. On 14.02.2016 in the evening, when the informant reached at the door of Ajay Mandal and asked to return the money then all the accused persons including the petitioner assaulted the informant.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case due to hot exchange of words in between the petitioner and the informant on demand of donation by the informant. The petitioner having no criminal antecedent is in custody since 22.10.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Uda-kishunganj, District-Madhepura, in connection with Uda-kishunganj P.S. Case No.31 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T