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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70735 of 2019 Arising Out of PS. Case No.-439 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== Kumod Mandal @ Kumod Kumar Mandal Son of Akali Mandal Resident of Village - Makurjan, P.S.- Barhara Kothi, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in K. Hat (Madhubani) P.S. Case No. 439 of 2019, registered for the offence punishable under Section 414 of the Indian Penal Code.

It is alleged that petitioner along with other coaccused involved in purchase and sell of the stolen vehicles. One stolen car is alleged to have been used by this petitioner along with other co-accused.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. The aforesaid car has not been recovered from possession of this petitioner. There is no positive evidence that he participated in the commission of alleged crime. Charge-sheet

Patna High Court CR. MISC. No.70735 of 2019(2) dt.25-11-2019 2/2 has already been submitted. Petitioner is in custody since 22.06.2019 having clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Madhubani) P.S. Case No. 439 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers 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 petitioner. (Prabhat Kumar Singh, J) vinita/- U T