Chhatri Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71026 of 2021 Arising Out of PS. Case No.-136 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== 1.
CHHATRI MANDAL S/o Late Jantri Mandal @ Jantari Mandal @ Yantri Mandal @ Janri Mandal R/o village- Sungathia, P.S.- Kharik, DistrictBhagalpur 2.
Gopal Mandal S/o Late Jantri Mandal @ Jantari Mandal @ Yantri Mandal @ Janri Mandal R/o village- Sungathia, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2022 Heard the parties through virtual mode.
Learned counsel for the petitioners is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the IPC.
Earlier, the prayer for bail of this petitioners was rejected vide order dated 22.06.2021 passed in Cr. Misc. No.7643 of 2021 by this Court with a liberty to renew his prayer for bail after framing of charge.
Patna High Court CR. MISC. No.71026 of 2021(2) dt.05-01-2022 2/3 The petitioners has now filed this application for bail. It is submitted by learned counsel for the petitioners that charge has been framed against the petitioners. This fact is also supported by Annexure-3 to this application.
Considering the submissions made, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kharik P.S. Case No.136 of 2020, subject to the following conditions:
(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of
Patna High Court CR. MISC. No.71026 of 2021(2) dt.05-01-2022 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.
(Anjani Kumar Sharan, J) pallavi/- U T