Lalo Mandal @ Lale Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74481 of 2018 Arising Out of PS. Case No.-150 Year-2002 Thana- PARBATTA District- Khagaria ====================================================== Lalo Mandal @ Lale Mandal, Son of Jatan Mandal, Resident of VillageHardayalpur, P.S.- Bihpur, District- Bhagalpur. at present Village- Satish Nagar (Bhagwan Tola), P.S.- Pasraha, District- Khagria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :
Mr.Sri Ram Bilash Roy Raman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Parbatta (Pasraha) P.S. Case No. 150 of 2002 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.
Informant has alleged in her fardbeyan that petitioner including eight F.I.R. named accused persons have killed her husband.
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 due to suspicion. There is no eyewitness of the occurrence, as per F.I.R. informant has alleged that she had been informed by her Gotni at her Naihar. The
Patna High Court Cr.Misc. No.74481 of 2018(3) dt.21-12-2018 2/2 F.I.R. was lodged after lapse of three months. Petitioner has no criminal antecedent and is in custody since 19.01.2018. Similarly placed co-accused has been granted bail by coordinate bench of this court passed in Cr. Misc. No. 30114 of 2003 vide order dated 14.11.2003.
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 Sessions Judge, Khagaria, in connection with Sessions Trial No. 246 of 2018 and Net No. (SC) 246 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