Mahant Lal Mandal @ Mahanthh Lal Mandl v. The State Of Bihar

Patna High Court Cr.Misc. No.18640 of 2017 (4) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18640 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -FALKAHA District- KATIHAR ======================================================

1. Mahant Lal Mandal @ Mahanthh Lal Mandl Son of Late Panchu Mandal, resident of village - Rangakol, P.S. Falka, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Falka P.S.Case No.10 of 2016 registered for offences punishable under Sections 302/34 of the Indian Penal Code.

The petitioner is not named in the F.I.R., though the offences are made out under Section 302 of the Indian Penal Code. Submission of the learned counsel for the petitioner is that there is no eye witness of the occurrence and he has been made accused only on the basis of suspicion, except that there is nothing against the petitioner. The petitioner is in custody for more than 15 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.18640 of 2017 (4) dt.07-07-2017 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Katihar in connection with S.T.No.230 of 2016 arising out of Falka P.S.Case No.10 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons or without permission of the court, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U