Sanjeev Mandal @ Sanjeev Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45922 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================

1. Sanjeev Mandal @ Sanjeev Kumar Mandal S/O Sitaram Mandal resident of Village- Begwahi P.S.- Raniganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Adv For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 02-11-2015 Having regard to the nature of allegation for the offences punishable under Sections, 147, 148, 149,307, 323, 324, and 341 of the Indian Penal Code and the fact that the petitioner has also got no criminal antecedent, in fact has also not been alleged to have committed any specific overt act, and the injury were caused on the two persons by co-accused Bindeashwari Mandal and Ranjan Mandal, on the orders given by one of the co-accused namely Sitaram Mandal, this Court would find him entitled for the privilege of anticipatory bail. That being so, if the petitioner namely, Sanjeev Mandal surrenders within a period of four weeks from

Patna High Court Cr.Misc. No.45922 of 2015 (2) dt.02-11-2015 today, he would 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 J.M. 1st Class, Araria in connection with Raniganj P.S. Case No. 78 of 2015, subject to the conditions laid down under Section438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated 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 the

Patna High Court Cr.Misc. No.45922 of 2015 (2) dt.02-11-2015 ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U