Pintu Mandal @ Pintu Kumar @ Pintu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2469 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- SHAHKUND District- Bhagalpur ====================================================== PINTU MANDAL @ PINTU KUMAR @ PINTU SHARMA SON OF HIRADAI MANDAL R/O MOHALLA- AKBAR NAGAR, NEAR PANI TANKI, P.S.- AKBARNGAR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 17.08.2022 in connection with Shahkund P.S. Case No.190/2022, F.I.R. dated 08.07.2022, for the offences punishable under Sections 392 of the IPC.

According to prosecution case, some unknown miscreants after stopping the motorcycle of the informant, snatched his motorcycle, some money and one mobile of Samsung company. They also beaten the informant. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The

Patna High Court CR. MISC. No.2469 of 2023(4) dt.22-05-2023 2/3 name of the petitioner has been transpired during investigation on the basis of confessional statement of the co-accused, namely, Ritu Raj Sharma and nothing has been recovered from conscious possession or the house of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 17.08.2022.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground the petitioner has carried nine criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, Bhagalpur, in connection with Shahkund P.S. Case No. 190/2022, subject to the following conditions:-

1. 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 the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.2469 of 2023(4) dt.22-05-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T