Nakul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12714 of 2023 Arising Out of PS. Case No.-84 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== NAKUL MANDAL Son of Dinesh Mandal Resident of village - Ganoul, P.S.- Alamnagar, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding two unknown miscreants having intercepted the informant, who is working as a Delivery Boy with Flipkart company, on 25.04.2022 at about 7:30PM, whereafter they had snatched his motorcycle, mobile phone, cash and amount of Rs. 8851/- and 12 articles of Flipkart company and while fleeing away one of the miscreant had fired

Patna High Court CR. MISC. No.12714 of 2023(2) dt.25-04-2023 2/3 gun shots in the stomach of the informant, resulting in him sustaining bullet injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR, the name of the petitioner has come into light, on the basis of confessional statement of co-accused Nitish Kumar, which has got no evidentiary value in the eyes of law. Nothing has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He submitted that the other coaccused has already been granted bail by a Co-ordinate Bench vide order dated 13.01.2023 passed in Cr. Misc. No. 59754 of 2022. Petitioner has got no criminal antecedent as stated in para3 of the bail petition. He is languishing in judicial custody since 05.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.12714 of 2023(2) dt.25-04-2023 3/3 of the like amount each to the satisfaction of the learned Court of S.D.J.M., Udakishunganj, Madhepura connection with Chausa P.S. Case No. 84 of 2022.

(Sunil Kumar Panwar, J) arish/- U T