High Court Patna High Court - Orders

Maheshwari Mandal & Anr. vs The State Of Bihar on 3 August, 2011

Patna High Court – Orders
Maheshwari Mandal & Anr. vs The State Of Bihar on 3 August, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.20067 of 2011
         1.Maheshwari Mandal, Son of Bhuvneshwar Mandal.
         2.Mukesh Kumar Mandal, Son of Maheshwari Mandal.
         Both are resident of village Karuveli, P.S. Kumarkhand, District Madhepura.
                                                                             ---------- Petitioners
                                            Versus
         The State Of Bihar
                                                                         -------- Opposite Party
                                           -----------

03/- 03/08/2011 Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

Supplementary affidavit has been filed on behalf of the

petitioners.

The two petitioners are named accused in this case but

only on disclosure of co-apprehended accused Pintu Yadav.

Submission is that, they have no criminal antecedents except one

bearing Kumarkhand P.S. Case No. 157 of 2010, subsequently

instituted at the instance of their agnates and under similarly situated

circumstance, co-accused Dinesh Mandal has already been granted the

privilege by a Bench of this Court vide order dated 29.06.2011 passed

in Cr. Misc. No. 17763 of 2011.

Considering the facts and circumstances of the case, in

the event of their arrest/surrender before the court below within four

weeks, let the above named petitioners be enlarged on bail on

furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two

sureties of the like amount each to the satisfaction of Chief Judicial

Magistrate, Madhepura, in connection with Kumarkhand P.S. Case

No. 147 of 2010, subject to condition laid down under Section 438(2)

of the Criminal Procedure Code with additional condition to remain
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physically present before the court below on each and every date at

least for two years of till disposal of the case, whichever is earlier, in

case of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to be

cancelled.

Praveen/-                             ( Akhilesh Chandra, J.)