Chandan Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30222 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================

1. Chandan Mandal, son of Late Ram Chandra Mandal, resident of Village- Khootghat, P.S.- Barhara Khoti, District- Purnea.

2. Sintu Mandal, son of Chaman Lal Mandal @ Chamak Lal Mandal, resident of Village- Khootghat, P.S.- Barhara Khoti, District- Purnea.

3. Sintu Mandal, son of Vishnudeo Mandal, resident of Kasamra, P.S.- Dhamdaha, District- Purnea.

.... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Amish Kumar, Advocate. For the State : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 28-07-2017 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of the petitioner no.2, above named, submitting that he has been declared juvenile by the Juvenile Justice Board.

Permission is accorded.

This application in respect of the petitioner no.2, above named, is dismissed as withdrawn.

Now, only the prayer of the petitioner nos.1 and 3 for grant of bail is being considered.

Heard.

The petitioner nos.1 and 3 seek bail in connection with

Patna High Court Cr.Misc. No.30222 of 2017 (4) dt.28-07-2017 2/2 Dhamdaha P.S. Case No.19 of 2017/G.R. No.293 of 2017 registered under Section 392 of the Indian Penal Code.

The accusation is of robbery of the tractor attached with trolley of the informant and also his mobile set by three unknown miscreants.

It has been submitted on behalf of the petitioner nos.1 and 3 that after institution of the present case by the informant, the tractor and trolley of the informant were recovered in an abandoned condition. Later on, the petitioner no.1 was apprehended by the police and robbed mobile set of the informant was recovered from his possession and, thereafter, in his confessional statement, the petitioner no.1 disclosed the name of the petitioner no.3 but nothing has been recovered from the possession of the petitioner no.3. Further submission is that the petitioner nos.1 and 3 are in custody since 25.02.2017. Having regard to the facts and the circumstances of the case, the petitioner nos.1 and 3, above named, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Dhamdaha P.S. Case No.19 of 2017.

(Rajendra Kumar Mishra, J) P.S./- U T