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Patna High CourtCR. MISC./5151/2020bail granted

Deepak Mandal @ Karelal Mandal v. The State Of Bihar

2020-05-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5151 of 2020 Arising Out of PS. Case No.-240 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== DEEPAK MANDAL @ KARELAL MANDAL Son of Natho @ Nathan Mandal Resident of Village- Laxminia, P.S.- Rupauli Mohanpur, DistrictPurnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pandey For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 392 and 395 of the Indian Penal Code. Prosecution allegation, in short, is that while the informant was on the way, the accused persons surrounded him and looted his motorcycle.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.11.2019. Charge-

Patna High Court CR. MISC. No.5151 of 2020(3) dt.29-05-2020 2/2 sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned A.C.J.M. -I Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 240/2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T