Gautam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51359 of 2017 Arising Out of PS.Case No. -83 Year- 2017 Thana -ASARGANJ District- MUNGER ====================================================== Gautam Mandal, Son of Binod Mandal, Resident of Village- Baluahi, P.S.- Asarganj, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Atul Kumar, Advocate For the Opposite Party: Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.07.2017 in connection with Asarganj P.S. Case No. 83 of 2017 for the offences alleged under Section 341, 323, 307, 504 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on account of a petty dispute between the parties in which both the sides have received injuries. There is general and omnibus allegation against the petitioner and no specific allegation of assault is attributed to him. The injury sustained by the informant is simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Munger in connection with Asarganj P.S. Case No. 83 of 2017, on the following conditions:-

Patna High Court Cr.Misc. No.51359 of 2017 (2) dt.09-11-2017 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T