Akshay Kumar Mandal @Akshay Mandal @Titu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50961 of 2018 Arising Out of PS. Case No.-100 Year-2017 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Akshay Kumar Mandal @ Akshay Mandal @ Titu Mandal, Son of Late Munna Mandal, Resident of Village- Mirachak, P.S.- Zero Mile, DistrictBhagalpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-10-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner seeks bail in (Bhagalpur) Industrial Area P.S. Case No. 100 of 2017 registered for the offence punishable under Section 394 of the Indian Penal Code.
Informant in her written complaint has alleged that three unknown miscreants having mask on their face forcefully entered in her house and took away one LED TV, one mobile and Cash of Rs. 10,000/-.
It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. One LED TV has been recovered from the possession of the petitioner. Till date no TIP has been conducted. Similarly, situated co-accused person has
Patna High Court Cr.Misc. No.50961 of 2018(2) dt.03-10-2018 2/2 been granted bail by a co-ordinate bench of this Court vide order dated 21.03.2018 passed in Criminal Miscellaneous No. 15152 of 2018. Petitioner is in custody since 03.11.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Judge-X-cumACJM-IX, Bhagalpur, in connection with (Bhagalpur) Industrial Area P.S. Case No. 100 of 2017, with following 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
(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) ranjan/- U