Arun Kumar Mandal @ Paro v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23227 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Arun Kumar Mandal @ Paro Son Of Late Kailash Mandal The Resident Of Village - Babupur, P.S. - Sabour, Distt. - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Sabour P.S. Case No. 196 of 2020 registered for the offence punishable under Sections 392, 411 of the Indian Penal Code.

Allegation against the petitioner is that petitioner in association with two other co-accused persons on the point of pistol looted the Tempo of the informant which is loaded with the fruits bearing Registration no. BR 10 GA 7826.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not

Patna High Court CR. MISC. No.23227 of 2021(2) dt.30-07-2021 2/2 committed any offence as alleged in the FIR. He is not named in the F.I.R.. He submits that before the confession of the petitioner, the looted articles were recovered from the semi constructed apartment but the petitioner was forced to confess the alleged recovery but no incriminating article has been recovered from his conscious physical possession. He submits that petitioner has not been put on T.I. parade till date. He further submits that on the basis confessional statement of the co-accused and CDR (Call Data Record), the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of the bail application and is languishing in custody since 24.07.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sabour P.S. Case No. 196 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T