In a bail application under Section 394 of IPC, the High Court allowed the petitioner's release on bail by ₹10,000 with two sureties, ordering cooperation in trial and absence not for two consecutive dates.
Petitioner released on bail of ₹10,000 with two sureties of like amount each to satisfy CJM Bhagalpur.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62046 of 2023
Arising Out of PS. Case No.-164 Year-2016 Thana- PIRPAINTI District- Bhagalpur
======================================================
BIKASH KUMAR @ BIKKY MANDAL SON OF SUNIL MANDAL VILLAGE PAKKI SARAI PS GHOGHA DISTRICT BHAGALPUR
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 04-01-2024
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
Patna High Court CR. MISC. No.62046 of 2023(3) dt.04-01-2024 2/3
has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that the FIR has been lodged against unknown in 2016 and the petitioner has been remanded in the present case in 2023 on 25.05.2023 from the Kahalgaon(Ghogha) P.S. Case No. 416 of 2023 and it has been submitted that it is unimaginable that the petitioner’s confession has been obtained in 2016 as it has been mentioned during the course of the investigation that petitioner is wanting in the present case for arresting. Basically, nothing has been recovered from his possession. He has been made accused in the present case just because of previous criminal antecedent. During the course of investigation, it appears that there is no any basis to rope the present petitioner in the alleged occurrence. The investigation is quite vague and there is no tangible evidence to connect the present petitioner with the alleged occurrence. He further submits that petitioner is quite innocent and has falsely been implicated in the case.
Patna High Court CR. MISC. No.62046 of 2023(3) dt.04-01-2024 3/3
case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Pirpainty P.S. Case No. 164 of 2016, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
vashudha/-
U T
2 issues framed by the court
Whether the petitioner entitled to bail considering his criminal antecedents and vague investigation in the case.
Laws applicable for grant of bail in the case.
1 provisions across 1 enactments
Bikash Kumar @ Bicky Mandal
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
