Patna High CourtCR. MISC./5661/2019dismissed

Pankaj Mandal v. The State Of Bihar

2019-03-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5661 of 2019 Arising Out of PS. Case No.-42 Year-2018 Thana- NTPC District- Bhagalpur ====================================================== PANKAJ MANDAL, Son of Saryug Mandal Village - Ogari, P.S. - Kahalgaon, Distt.- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2019 This application, for grant of anticipatory bail, arises out of N.T.P.C. P.S. Case No. 42/18, disclosing offences under Sections 327, 356, 384, 386, 387, 401, 411, 414 of the Indian Penal Code.

Allegation as per F.I.R. is that police recovered one theft motorcyle from one Niro Mandal @ Niranjan Mandal and the said Niro Mandal @ Niranjan Mandal was found in drunken condition, who disclosed the names of petitioner and others as his associates and also disclosed the participation of petitioner and others in other crimes.

Submission of learned counsel for the petitioner is that he has been made accused in this case only on the basis of confessional statement of the co-accused and except that there is nothing against the petitioner. A statement has been made in

Patna High Court CR. MISC. No.5661 of 2019(3) dt.27-03-2019 2/2 paragraph -3 of the petitioner that petitioner has no criminal antecedent.

Learned counsel for the State opposed the prayer for bail and submitted that from the disclosure made by the apprehended co-accused Niro Mandal @ Niranjan Mandal, it appears that the petitioner is also one of his associates in other criminal activities.

Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T