Nilesh Kumar Mandal @ Nilesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.50894 of 2015 (3) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50894 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -RAJAUN District- BANKA ====================================================== Nilesh Kumar Mandal @ Nilesh Kumar, son of Chandra Shekhar Mandal, resident of village- Purani Durga Mandir (Sultanganj), P.S. Sultanganj, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Mr. Ram Naresh Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Rajoun P.S. Case No. 96 of 2015 registered under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. rather in course of investigation the name of the petitioner has come in the confessional statement of co-accused, Shahjahan Ansari. Thereafter petitioner was apprehended by the police and his confessional statement was also got recorded by the police, showing the involvement of the petitioner in the present case. While CC TV footage was called for identification but up till

Patna High Court Cr.Misc. No.50894 of 2015 (3) dt.04-02-2016 today petitioner has not been identified. Further submission is that co-accused, Sahjahan Ansari, has already been granted privilege of bail by a Bench of this Court on 09.09.2015 vide Criminal Misc. No. 39219 of 2015. The petitioner has no criminal antecedent and is in custody since 04.06.2015. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Rajoun P.S. Case No. 96 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T