Arun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5871 of 2023 Arising Out of PS. Case No.-583 Year-2019 Thana- BANKA District- Banka ====================================================== ARUN MANDAL S/o Ramanand Mandal R/o Village- Lashkari, P.S.- Banka, Distt- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Anil Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Banka ( Barahat) P.S. Case No. 583 of 2019 dated 22.08.2019 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code.

As per the prosecution case, five miscreants boarded on motorcycles were assembled for making preparation to commit dacoity. On seeing the police, they started fleeing away

Patna High Court CR. MISC. No.5871 of 2023(2) dt.05-05-2023 2/3 but three miscreants managed to flee away and two miscreants were apprehended who disclosed their names as Rajiv Kumar and Sonu Kumar and they also disclosed the names of miscreants who fled away as the petitioner Arun Mandal and the co-accused persons as Batish Kumar and Kundan Yadav. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 20.12.2021 passed in Cr. Misc. No. 33549 of 2021. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Banka ( Barahat) P.S. Case

Patna High Court CR. MISC. No.5871 of 2023(2) dt.05-05-2023 3/3 No. 583 of 2019.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T