Chotu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60124 of 2019 Arising Out of PS. Case No.-14 Year-2016 Thana- ASARGANJ District- Munger ====================================================== CHOTU MANDAL Son of Sriram Mandal Resident of Village-Ramdiri Durga Asthan, Nawagarhi, P.S.-Naya Ramnagar, District-Munger. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Asarganj P.S. Case No. 14 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Md. Shahbaz. No incriminating material has been recovered from his possession and he has not been put on T.I.P. It has been further submitted that similarly placed co-accused have been granted bail by co-ordinate Benchs of this Hon'ble Court as contained in Annexure-2 series. Petitioner has no criminal antecedent and he

Patna High Court CR. MISC. No.60124 of 2019(3) dt.27-11-2019 2/2 is in custody since 03.07.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Asarganj P.S. Case No. 14 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers 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.

(S. Kumar, J) veena/- U T