Raushan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10315 of 2024 Arising Out of PS. Case No.-222 Year-2023 Thana- PANDAUL District- Madhubani ====================================================== Raushan Kumar Mandal Son of Kashi Mandal R/O-Kethiya, P.S.-Bhairab Asthan, Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pandaul P.S. case No. 222 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, the son of the informant had parked his motorcycle in Pandaul PHC but when he returned, his motorcycle was missing from the said place.

Patna High Court CR. MISC. No.10315 of 2024(2) dt.21-02-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Learned counsel further submitted that petitioner is not named in the F.I.R. and no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that although stolen motorcycle has been recovered from the courtyard of the petitioner but the petitioner has no any concern with the said motorcycle in question. Learned counsel further submitted that there is delay of four days in lodging the F.I.R. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.10.2023 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, no criminal antecedent and 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

Patna High Court CR. MISC. No.10315 of 2024(2) dt.21-02-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Pandaul P.S. case No. 222 of 2023.

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