Baidynath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64486 of 2023 Arising Out of PS. Case No.-252 Year-2023 Thana- ARARIA District- Araria ====================================================== 1.

Baidynath Mandal, (M), aged about 37 years, Son Of Faudar Mandal, Resdient Of Village- Hariyahi, P.S.- Nirmali, Distt- Supaul. 2.

Madan Kumar, (M), aged about 33 years, Son Of Dwarika Lal Mandal, Resdient Of Village- Hariyahi, P.S.- Nirmali, Distt- Supaul. 3.

Dilip Kumar Mandal, (M), aged about 29 years, Son Of Ramdev Mandal, Resdient Of Village- Bageba, P.O.- Laukahi, P.S.- Laukahi, DisttMadhubani. 4.

Satyendra Mandal, (M), aged about 28 years, Son Of Dipan Mandal, Resdient Of Village- Ward No. 13, P.O.- Laukahi, P.S.- Laukahi, DisttMadhubani. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Shrinandan Pd. Singh, Sr. Advocate and Mr. Kumar Sameer, Advocate For the Opposite Party :

Mr. Uma Nath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.64486 of 2023(2) dt.07-11-2023 2/3 connection with Araria P.S. Case No. 252 of 2023 dated 17.03.2023 registered for the offence punishable under Sections 406, 409, 467 and 468 of the I.P.C.

4. As per the prosecution case, the petitioners have got appointment as Special Survey Amin on the basis of forged and fabricated certificates.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. It is submitted that the petitioners have no concern with the alleged offence and they have been made accused in the present case only on the basis of suspicion. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Araria P.S. Case No. 252 of 2023,

Patna High Court CR. MISC. No.64486 of 2023(2) dt.07-11-2023 3/3 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:- (i) The petitioners are directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T