Rambilash Mandal @ Awadhesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75568 of 2018 Arising Out of PS. Case No.-144 Year-2018 Thana- TARAPUR District- Munger ====================================================== Rambilash Mandal @ Awadhesh Mandal Son of Murari Mandal Resident of Village-Siyadih,P.S. Bath,Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Yadav, Advocate For the Opposite Party/s :

Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Tarapur P.S. Case No. 144 of 2018 corresponding to G.R. No. 2783 of 2018 registered for the offences punishable under Sections 379 of the Indian Penal Code.

Informant has alleged that while he had gone to the Bank after parking his motorcycle outside and when he returned from Bank he found his motorcycle to be stolen. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The name of the petitioner has surfaced in this case on the basis of confessional statement made by one co-accused and on the discloser made by petitioner

Patna High Court Cr.Misc. No.75568 of 2018(2) dt.18-12-2018 2/2 four stolen motorcycles have been recovered from the garrage in which his son is also working who is also co-accused. Petitioner has no criminal antecedent and is in custody since 17.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-IV, Munger, in connection with Tarapur P.S. Case No. 144 of 2018 corresponding to G.R. No. 2783 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) 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.

(S. Kumar, J) Rajiv/- U T