Patna High CourtCR. MISC./5089/2024allowed

Laxmi Mandal v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5089 of 2024 Arising Out of PS. Case No.-682 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Laxmi Mandal S/O Phul Dev Mandal @ Ful Dev Mandal R/O VillageKorlahiya, P.S- Runnisaidpur, Distt.- Sitamarhi. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 461, 379 of the Indian Penal Code.

3. The prosecution case in brief, is that in the night of 26.11.2022, some unknown miscreants committed theft of clothes of Rs. 7 lakh, mobiles, CCTV set up box, Led TV from shop of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was sprang up on the basis of confessional statement of co-accused Rahul Kumar before police, which has got no evidentiary value in the eye of

Patna High Court CR. MISC. No.5089 of 2024(2) dt.07-02-2024 2/2 law. Neither the petitioner was put on TIP nor any incriminating article has been recovered from his conscious possession. He was remanded in this case from Hathauri P.S. Case No. 78 of 2022 on 21.7.2023 and since then he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumra P.S. Case No. 682 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi.

(Sunil Kumar Panwar, J) Amandeep/- U T