Yogendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57064 of 2018 Arising Out of PS.Case No. -139 Year- 2004 Thana -MURLIGANJ District- MADHEPURA ====================================================== Yogendra Mandal Son of Late Bhola Mandal, resident of Village- Jorgama, Police Station- Murliganj, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Murliganj P.S. Case No. 139/2004, registered for the offences punishable under Sections 147, 149, 323, 342, 353, 386 and 504 of the Indian Penal Code and section 121 and 126(A) of Railway Act.

Earlier the petitioner was on bail and when the case was fixed for evidence of prosecution witnesses on 19.07.2011 then out of six accused persons, four accused persons including the petitioner became absent and consequently the bail bond of the petitioner and three co-accused persons were cancelled on 19.07.2011.

It has been submitted that petitioner is a poor person and

Patna High Court Cr.Misc. No.57064 of 2018 (3) dt.08-10-2018 2/3 he had gone outside for doing the work of labourer. Due to lack of pairvi on behalf of petitioner in the case, his bail bond was cancelled on 19.07.2011.

Petitioner has no criminal antecedent. He is in custody since 27.06.2018.

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 Sub-Divisional Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 139/2004, subject to the 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 bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.57064 of 2018 (3) dt.08-10-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

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