Bablu Mandal @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66029 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- SANGRAMPUR District- Munger ====================================================== Bablu Mandal @ Bablu Kumar (Male), aged about 41 years, Son of Anandi Mandal, Resident of Village-Sangrampur, P.O. and P.S.-Sangrampur, DistrictMunger. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody since 23.03.2018, seeks bail in Sessions Trial No.177 of 2018, arising out of Sangrampur P.S.Case No.50 of 2018, registered for offence punishable under Sections 147, 148, 323, 342, 307, 504/34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was also added.
Petitioner along with one Rambaran Kumar had earlier moved this Court for regular bail vide Cr.Misc.No.37035 of 2018, which was rejected on 21.08.2018. However, trial court was directed to expedite the trial and conclude the same within a period of one year from the date of receipt/production of a copy of the order. It was further observed that if the trial is not concluded within specified period, then petitioner would be at liberty to renew his prayer for bail.
Patna High Court CR. MISC. No.66029 of 2019(2) dt.06-11-2019 2/2 It has been submitted on behalf of the petitioner that trial was not concluded as per observation of the Court. Considering the nature of allegation and period of custody, let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-III, Munger in connection with Sessions Trial No.177 of 2018, arising out of Sangrampur P.S. Case No.50 of 2018 subject to following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(ii) petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and on his absence on two consecutive dates without proper and sufficient reason, the trial court will be at liberty to cancel his bail bond.
(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that event the prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) nawalkrs/- U T