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Patna High CourtCR. MISC./14268/2023bail granted

Sudhanshu Mandal v. The State Of Bihar

2023-05-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14268 of 2023 Arising Out of PS. Case No.-68 Year-2021 Thana- ISMAILPUR District- Bhagalpur ====================================================== SUDHANSHU MANDAL Son of Bachchi Mandal R/v- Bhim Das Tola, P.S.- Rangra Out Post, Gopalpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Ismailpur P.S. Case no. 68 of 2021 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that while he was returning after collecting the installments of loan from different customers of the Bank, four accused persons on two motorcycles on the point of firearm snatched the bag from him containing Rs. 25,320/-.

4. Learned counsel for the petitioner referring to the contents of the FIR and the order of the learned trial court submits that the petitioner is not named in the FIR. His name transpired in course of investigation when his confessional statement made before police was recorded in one another case

Patna High Court CR. MISC. No.14268 of 2023(2) dt.15-05-2023 2/2 and from which he was taken on remand in this case. No incriminating article has been recovered from the petitioner's possession. Inspite of the petitioner being in custody since 8.9.2022, he has not been put on T.I. parade. The cause of his false implication is his antecedent. Chargesheet has been submitted in the case.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the fact that no incriminating article has been recovered from the petitioner's possession, his being in custody for more than 8 months since 8.9.2022 and chargesheet having been submitted in the case without putting him on T.I. parade, the petitioner is directed to be enlarged on bail in connection with Ismailpur P.S. Case no. 68 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Naugachia, District Bhagalpur.

(Partha Sarthy, J) Spd/- U T