Ravindra Mandal @ Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4164 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- GANGTA District- Munger ====================================================== Ravindra Mandal @ Ravindra Kumar S/O Ramswaroop Mandal Village - Mahasawafar, PS- Tetiya Bambar (O.P) Kharrgpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Nishi For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 25.5.2018 in a case registered for the offences punishable under Sections 121,121A,386,506 and 120B/34 of the I.P.C. and Sections 16,17,18,19,20,21 and 22 of Unlawful Activities (Prevention) Act.

The prosecution case as per the written report of Pawan Kumar, submitted to the SHO, Gangta Police Station is to the effect that the informant runs an educational institution in the name and style of Unique Education Point. It is alleged that on 14.5.2018 at 7.40 P.M., two motorcycle borne persons came and handed over a letter to the guard of the informant's institution demanding Rupees Two Lacs by 20.5.2018, otherwise life threatening was given, leading

Patna High Court Cr.Misc. No.4164 of 2019(2) dt.28-01-2019 2/3 to registration of FIR against unknown. Subsequently, the petitioner was apprehended on the basis of suspicion and he confessed before the police.

It is submitted by learned counsel for the petitioner that the petitioner has been made accused on the basis of confession made before the police by co-accused and there is no recovery from the petitioner. It is further submitted that though the petitioner is accused in two other cases of extortion and preparation of committing dacoity but in those cases lodged against unknown persons, petitioner's named surfaced in the confessional statement of co-accused and the petitioner is on bail in those cases. It is also submitted that co-accused has been granted bail vide order dated 6.10.2018 passed in Cr. Misc. No. 58913 of 2018 and till date, the petitioner has not been put on Test Identification Parade in connection with the present case. Learned APP submits that the name of the petitioner sprang up on confession during investigation. Considering the fact that the petitioner's name sprang up on confession of co-accused during investigation in spite of the fact that investigation has already been concluded and till date the petitioner has not been put on

Patna High Court Cr.Misc. No.4164 of 2019(2) dt.28-01-2019 3/3 Test Identification Parade, coupled with the period under custody, 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 ACJM-II, Munger in connection with Gangta P.S. Case No.56 of 2018.

(Dinesh Kumar Singh, J) anil/- U