Ghuto Mandal @ Ghotu Mandal @ Ajeet Mandal @ Ajit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64706 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- BARIYARPUR District- Munger ====================================================== Ghuto Mandal @ Ghotu Mandal @ Ajeet Mandal @ Ajit Singh, S/o Late Anup Lal Mandal, R/o Village Khariya, P.S.- Bariyarpur, District Munger. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Kumar, Advocate For the Opposite Party :
Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 307, 324, 287, 429/34 of the Indian Penal Code registered in connection with Bariyarpur P.S. Case No. 105 of 2018.
3. It is submitted that the petitioner has been falsely implicated and even on perusal of the first information report, no ingredients of the offence are made out against the petitioner. In any event, the use of naked wire by the petitioner is denied. No injury report has been brought on record to support the accusation made in the FIR. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 Additional Chief Judicial Magistrate 1st, Munger, in connection with Bariyarpur P.S. Case No. 105 of 2018, subject to the conditions as
Patna High Court Cr.Misc. No.64706 of 2018(3) dt.08-01-2019 2/2 laid down under Section 438 (2) Cr.P.C. and with further conditions-- (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) That 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) BT/Chandran U T