Bipin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11141 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- SONO District- Jamui ====================================================== Bipin Mandal Son of Sri Pradeep Mandal Resident of Village- Raksa, P.S.- Sono, District- Jamui (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sono P.S. Case No. 361 of 2021 registered for the offence under Section 394 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 23.12.2021.

The allegation against the petitioner is to commit robbery, along with other co-accused persons, and while committing so taken away cash of Rs.109519/- along with Tab and mobile phones which belongs to the informant. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.11141 of 2022(3) dt.29-11-2022 2/3 submitted that name of the petitioner surfaced on the basis of disclosure made by apprehended co-accused namely, Sunil Kumar, where in furtherance thereof, no incriminating material recovered/surfaced, during the course of investigation, to connect this petitioner, prima facie, with the present set of occurrence/robbery. It is further submitted that petitioner was not put on TIP, as yet. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced, during the course of investigation, to connect this petitioner, prima facie, with the present set of occurrence/robbery, in furtherance of disclosure made by co-accused, namely, Sunil Kumar, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 23.12.2021, let the petitioner, above named, is directed to be released on bail in connection with Sono P.S. Case No. 361 of 2021 on furnishing

Patna High Court CR. MISC. No.11141 of 2022(3) dt.29-11-2022 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T