Shekhar Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19998 of 2021 Arising Out of PS. Case No.-153 Year-2020 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Shekhar Kumar Mandal, Son of Brajkishor Mandal, R/O- Ghoghra, P.S.- Dandkhora, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Prosecution case, in brief, is that on 26.06.2020 after collecting the loan Rs.62,000/- from the customers when the informant was returning from his motorcycle, in the way near by two persons on a motorcycle came there and stopped his motorcycle on the point of fire arm and snatched Rs.62,000/- from the dikky of the motorcycle and they threw the key of the motorcycle in the water and fled away.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.19998 of 2021(2) dt.30-07-2021 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR, on the basis of confessional statement of co-accused, he has been made accused in the present case. There is no T.I. Parade till date. The petitioner is languishing in judicial custody since 24.07.2020. The petitioner has got 02 criminal antecedents which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted bail by different coordinate Benches of this Court vide order dated 08.02.2021 passed in Cr. Misc. No.39199/2020 and order dated 25.03.2021 passed in Cr. Misc. No. 5262/2021.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the similarly situated co-accused have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 153/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T