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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63407 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ======================================================

1. Vinod Kumar Mandal @ Vinod Mandal, S/o Ramotar Mandal, R/o Village- Zirbabari Chanan, P.S.- Zirbabari, District- Sahebganj (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sevak Choudhary For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sanokhar P.S. Case No.127 of 2017 registered for the offence punishable under Section 392 of the Indian Penal Code. It is alleged by the informant that two unknown persons came on Bolero vehicle and took fuel at his patrol pump. The informant demanded money but the miscreants pointed out pistol and took an amount of Rs.32,000/- from cash counter and also the hard disk of CCTV and fled away.

It has been submitted that after two weeks of alleged occurrence one Pradeep Kumar Sah was apprehended by police, who disclosed the name of this petitioner. The petitioner was apprehended on the confessional statement but no incriminating material has been recovered from his possession and till the date

Patna High Court Cr.Misc. No.63407 of 2017 (2) dt.15-01-2018 he has not been put on T.I. Parade. The petitioner is in custody since 25.08.2017 having clean antecedent.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to 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 A.C.J.M.-IV, Bhagalpur in connection with Sanokhar P.S. Case No.127 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U