Sikandar Mandal @ Sikendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22054 of 2021 Arising Out of PS. Case No.-713 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== SIKANDAR MANDAL @ SIKENDRA MANDAL Son of Late Pano Mandal Resident of Village - Majhua, P.S.- Forbesganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.R A Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2021 Heard both parties.

The petitioner seeks bail in Forbesganj P.S. Case No. 713 of 2020, registered for the offence punishable under Sections 411, 412, 414, 420, 467, 468 and 471 of the Indian Penal Code. As per the prosecution case, upon search of house of coaccused Md. Harun, one stolen motorcycle and forged documents, keys of 25 motorcycles and other articles have been recovered. During course of investigation, co-accused Md. Harun revealed that he along with his associates are engaged in selling of stolen motorcycle and this petitioner is one of his associates.

It is submitted on behalf of the petitioner that no looted article has been recovered from possession of this petitioner. Name of this petitioner has come in this case on the basis of

Patna High Court CR. MISC. No.22054 of 2021(2) dt.19-07-2021 2/3 confessional statement of co-accused Md. Harun. Save and except the said disclosure, there is no material against this petitioner. Petitioner is in custody since 28.10.2020. several similarly situated co-accused have already been allowed bail by this Court vide orders passed in Cr.Misc.No. 4969/2021 and 397/2021.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that there is no recovery from the conscious possession of the petitioner and he is in custody for about nine months, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 713 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the

Patna High Court CR. MISC. No.22054 of 2021(2) dt.19-07-2021 3/3 Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T