Uttam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7998 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Uttam Mandal, Son of Surendra Rawat, Resident of Village- Sakdo Saghadaha, P.S.- Khaira, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Laxmipur P.S. Case No. 148 of 2021 registered for the alleged offences under Section 392 of Indian Penal Code. As per prosecution case, four miscreants on two motorcycles intercepted the motorcycle of the informant and robbed him Rs. 5,000/-, Aadhar Card, Pan Card, Two microphones, pass-book, mobile phone and the motorcycle. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his conscious possession. Petitioner was not put to any Test Identification

Patna High Court CR. MISC. No.7998 of 2022(2) dt.13-12-2022 2/3 Parade. Recovery of Aadhar Card of the informant has been shown from this petitioner but it is planted one and it has been shown after 15 days of the occurrence. The petitioner is in custody since 02.06.2021 and the charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the petitioner is a habitual offender and is accused in four cases of similar nature.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in connection with Laxmipur P.S. Case No. 148 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.7998 of 2022(2) dt.13-12-2022 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T