Barun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13034 of 2020 Arising Out of PS. Case No.-120 Year-2017 Thana- PIRPAINTI District- Bhagalpur ====================================================== BARUN MANDAL Son of Ambika Mandal Resident of Village- Ghogha Shankarpur Khabas, Post- Ghogha and P.S.- Ghogha within the town and District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-07-2020 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State through video conferencing.

The petitioner apprehends his arrest in connection with Pirpainti P.S. Case No. 120 of 2017, registered under Section 392 of the Indian Penal Code, pending in the court of the learned A.C.J.M-XI, Bhagalpur.

The accusation is that informant Md. Izmamul along with his cousin brother Md. Sazid proceeded from Pirpainti railway station boarding on motorcycle bearing registration BR-10D-7660, in the way, three persons on the point of pistol snatched his Aadhar card, Pan Card, cash of Rs. 300/-, mobile and motorcycle, all miscreants were in aged 20 to 25 years.

Patna High Court CR. MISC. No.13034 of 2020(3) dt.23-07-2020 2/3 Learned counsel appearing on behalf of petitioner submits that petitioner is not named in the F.I.R. as on the basis of written report of informant Md. Izmamul Pirpainti P.S. Case No. 120 of 2017 was instituted on 06.06.2017 under Section 392 of the Indian Penal Code against three unknown. Further submission is that on the date of occurrence, the petitioner was outside the State and when he returned, he has been made accused in this case.

On the other hand, Smt. Veena Rani Prasad, learned A.P.P. appearing for State opposed the prayer for prearrest bail of the petitioner with submission that the name of the petitioner surfaced in the confessional statement of coaccused upon which stolen mobile and motorcycle have been recovered as it appears from the order dated 01.09.2017 passed in A.B.P No. 1452 of 2017 by the learned 1st Addl. Sessions Judge, Bhagalpur rejecting the prayer of pre-arrest bail of petitioner.

Having considered the facts and circumstances of the case and also the fact that the informant has detailed the physique of the culprits, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-

Patna High Court CR. MISC. No.13034 of 2020(3) dt.23-07-2020 3/3 arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

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