Ghanshyam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2506 of 2016 Arising Out of PS.Case No. -97 Year- 2013 Thana -DANDKHORA District- KATIHAR ======================================================

1. Ghanshyam Mandal Son of Sri Chhatis Mandal resident of village - Badiya Tola, P.S. - Raghubansh Nagar, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected by order dated 03.03.2015 in Cr. Misc. No. 46691 of 2014 on the ground that the petitioner is in custody since 03.06.2014 but he has not been put on the test identification parade, he is not named in the FIR, nothing has been recovered from his conscious possession and only on the basis of the photo identification the petitioner is suffering in custody. The learned A.P.P. submits that from the place of occurrence one prescription was recovered which was written by Birendra Mandal and that Birendra Mandal has stated the name of Ranjeet Mandal. The informant, cashier, other staff and chaukidar

Patna High Court Cr.Misc. No.2506 of 2016 (5) dt.16-03-2016 2/2 have identified the culprits after seeing their photo and the petitioner has got criminal antecedent.

In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Katihar in Dandkhora P.S. Case No. 97 of 2013, 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