Pandav Mandal @ Pandav Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75739 of 2018 Arising Out of PS. Case No.-118 Year-2017 Thana- BHAGALPUR GRP CASE DistrictBhagalpur ======================================================
1. Pandav Mandal @ Pandav Kumar, Son of Fakir Mandal.
2. Babu Lal Mandal, Son of Fulo Mandal, Both are resident of Village/Muhalla- Paria, P.S.- Bariyarpur, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Kumar Singh For the Opposite Party/s :
Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend arrest in connection with Bhagalpur G.R.P.S. Case No.118 of 2017 registered for the offences under Sections 401 and 414 of IPC.
It is alleged that 7-8 miscreants were planning to commit theft in train. When the police party made search in such train, one miscreant started fleeing away who was apprehended by the police at the spot and disclosed his name as Ajay Kumar Mandal.
It has been submitted that the names of these petitioners and other two co-accused namely Jai Jai Mandal and
Patna High Court Cr.Misc. No.75739 of 2018(2) dt.17-12-2018 2/3 Santosh Mandal were disclosed by co-accused Ajay Kumar Mandal. Out of them the said Jai Jai Mandal and Santosh Mandal have been allowed anticipatory bail in Cr.Misc.No.54362 of 2017. The case of these petitioners stands on similar footing.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioners, in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway, Bhagalpur in connection with Bhagalpur G.R.P.S. Case No.118 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the
Patna High Court Cr.Misc. No.75739 of 2018(2) dt.17-12-2018 3/3 petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Kumar, J) Harish/- U