High Court Patna High Court - Orders

Pappu Kumar Mandal vs The State Of Bihar on 1 July, 2010

Patna High Court – Orders
Pappu Kumar Mandal vs The State Of Bihar on 1 July, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.21566 of 2010
                   PAPPU KUMAR MANDAL S/O RAMANAND MANDAL
                                           Versus
                                 THE STATE OF BIHAR
                                         -----------

2. 01.07.2010 Heard learned counsel for the petitioner and

the State.

The petitioner seeks bail in a case

instituted for the offence under Section 457, 380 of

the Indian Penal Code.

It has been submitted that the petitioner

is in custody since 11.4.2010 but neither he is

named in the First Information Report nor has

there been any recovery from his possession,

pursuant to the confessional statement of the co-

accused, wherein the name of the petitioner was

disclosed. It has been specifically asserted that the

petitioner has no criminal antecedents.

In view of such, let the petitioner, above

named, be released on bail on furnishing bail bond

of Rs. 5,000/- (five thousand) with two sureties of

the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Araria, in

connection with Araria P.S. case no. 97/2010,
2

subject to the conditions, (i) That one of the bailors

will be a close relative of the petitioner, who will

give an affidavit giving genealogy as to how he is

related with the petitioner. The bailors will

undertake to furnish information to the court about

any change in the address of the petitioner, (ii) That

the affidavit shall clearly state that the petitioner is

not an accused in any other case and, if he is, he

shall not be released on bail, (iii) That the bailor

shall also state on affidavit that he will inform the

court concerned if the petitioner is implicated in

any other case of similar nature after his release in

the present case and thereafter the court below will

be at liberty to initiate the proceeding for

cancellation of bail on the ground of misuses, (iv)

That the petitioner will give an undertaking that he

will receive the police papers on the given date and

be present on date fixed for charge and if he fails to

do so on two given dates and delays and trial in any

manner, his bail will be liable to be cancelled for

reasons of misuse.

Fahad.                                     ( Anjana Prakash, J. )