Arjun Mandal @ Arjun Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16917 of 2020 Arising Out of PS. Case No.-7 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== ARJUN MANDAL @ ARJUN KUMAR MANDAL, Male, aged about 29 years, S/o Late Subodh Mandal, R/o village- Kailu Tola, Sukhsena, P.S.- Barhara, District- Purnea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agarwal, Sr. Advocate and Mr. Sanjay Kumar Singh, Advocate.

For the Opposite Party :

Mr.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the I.P.C.

The prosecution story, in brief, is that on 10.01.2019, the informant being the Manager of Bharat Finance Inclusion Ltd., Banmankhi, after collecting Rs. 1,58,689/- from Centre Nos. 122, 142, 151, OA9 and 107 was going to Banmankhi. On the way, from Orahi Chowk, two persons came on the

Patna High Court CR. MISC. No.16917 of 2020(3) dt.03-09-2020 2/3 Motorcycle and stopped their Motorcycle in front of the informant's Motorcycle. Thereafter, they snatched Rs. 1,58,689/- from the informant on the point of weapon. It has been submitted by learned senior counsel for the petitioner that the petitioner is in custody since 07.02.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has been made accused in the present case on the basis of self confession made before the police. The petitioner has not been put on T.I. Parade. Rs. 86,000/- is alleged to have been recovered from the house of the petitioner. The said money has not been put on T.I. Parade to ascertain whether the said money is looted money or not.

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 facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of the learned C.J.M. Purnea, in connection with Barhara P.S. Case No. 07 of 2019.

Patna High Court CR. MISC. No.16917 of 2020(3) dt.03-09-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T