Avinash Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11616 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Avinash Kumar Mandal S/o- Pawan Mandal @ Pawan Kumar Mandal Village- Balbanna PS- Dalsinghsarai, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjwal Kumar, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dalsinghsarai P.S. case No. 278 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that two unknown miscreants snatched the bag of the informant containing laptop, two lakh cash, keys etc. on gun-point.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired during investigation on the basis of confessional statement of the co-accused Md. Aman. No incriminating article

Patna High Court CR. MISC. No.11616 of 2024(2) dt.26-02-2024 2/2 has been recovered from the possession or from the house of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. The co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 19.12.2023 passed in Cr. Misc. No. 82250 of 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.07.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dalsinghsarai P.S. case No. 278 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T