Chandan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15407 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- BARARI District- Katihar ====================================================== Vikram Kumar @ Vikky Son of Rajesh Mahto Resident of Village- Barari (Purvi Barinagar), P. S- Barari, District- Kathar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16036 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- BARARI District- Katihar ====================================================== Chandan Kumar Mandal S/O Sukhdeo Mandal @ Sukdeo Prasad Singh Resident of Village- Bhandartal, P.S- Barari, District- Katihar. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 15407 of 2025) For the Petitioner/s :

Mr. Sunil Prasad Singh, Adv For the Opposite Party/s :

Mr. Rajendra Singh, APP (In CRIMINAL MISCELLANEOUS No. 16036 of 2025) For the Petitioner/s :

Mr. Rajendra Prasad Sah, Adv For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. Both the petitioners preferred their first regular bail applications seeking their regular bail in connection with Barari P.S. Case No. 274/2024 registered for the offence under Sections310(2) of B.N.S Act.

Patna High Court CR. MISC. No.15407 of 2025(3) dt.12-05-2025 2/3

3. According to the case of prosecution, on 11.09.2024 about at 12:00 P.M. mid night, total 6-7 persons covered with their mouth entered into the house of the informant. They were armed with gun and Desi Katta. Allegedly, all of them looted the jewelry worth Rs. 4 to 5 lakhs from the possession of the informant and his family members. On the basis of report made by the informant, offence has been registered. During course of investigation, on the basis of confessional statement made by the Nawaj Sharif @ Mithhu Rs. 20,000/- and 22,000/- respectively were seized from the applicant accused Vikram Kumar and Chandan Kumar Mandal.

4. It is submitted by the learned counsel for the petitioners that the petitioners are innocent and have been falsely implicated in this case. They were arrested on 17.12.2024 and till today no T.I.P. has been conducted by the prosecution, though Rs. 20,000/- and 20,000/- respectively were seized from their possession but no evidence available on record, which shows that the said amount is the looted amount. They have been implicated in the present case only on the basis of confessional statement of co-accused Nawaj Sharif. They are in custody since 17.12.2024, therefore it is prayed that they may be granted benefit of bail.

Patna High Court CR. MISC. No.15407 of 2025(3) dt.12-05-2025 3/3

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioners.

6. Considering the above submissions made by the counsels and further considering the material available on record, I am of the view that the petitioners should be enlarged on bail.

7. Accordingly, the applications are allowed.

8. The petitioners, above named, be released 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 ACJM- 1st, Katihar in connection with Barari P.S. Case No. 274/2024.

(Arvind Singh Chandel , J) krishnakant/- U T