Ajay Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13306 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- JALALGARH District- Purnia ====================================================== AJAY MANDAL, aged about 23 years, Male, Son of Lakhan Mandal, Resident of Maldahiya, Purab Tola, Bareta, P.S.- Kasba, District - Purnea. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ajit Kumar Singh, Advocate.
For the Opposite Party :
Mr.Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 17.12.2018 in a case for the offence registered under Sections 457 and 380 of the I.P.C. Later on, Sections 411 and 414 of the I.P.C. were also added.
The prosecution story, in brief, is that in the night of 13.10.2018, the informant Dhreej Choudhary alongwith his family members was sleeping in his house. At about 3.00 A.M., while he woke up, he found the door of his house in open condition. He also found that the box kept in his house containing Silver Payal, Silver Ring, cash Rs. 5,000/- and Mobile were missing. In the meantime, his neighbour Sita Ram Thakur came there and stated that cash Rs. 19,500/-, Golden Nakmuni, Silver Payal, Silver Ring etc., were also missing from
Patna High Court CR. MISC. No.13306 of 2019(2) dt.02-05-2019 2/2 his house.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The articles recovered on the basis of confession of the petitioner have not been put on T.I. Parade to ascertain whether the said recovered articles are stolen property or not. The petitioner is not named in the F.I.R. He has been made accused in the present case merely on the basis of suspicion. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Purnea, in connection with Jalalgarh P.S. Case No. 174 of 2018. (Sudhir Singh, J) U.K./- U T