Sudhanshu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18522 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- ISMAILPUR District- Bhagalpur ====================================================== Sudhanshu Mandal S/O Bachchi Mandal R/O Village-Bhimdas Tola, P.SRangra Out Post, Gopalpur, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per allegation in the FIR, while the informant was returning after collecting installments from persons who borrowed money from L & T Finance Ltd., meanwhile, some unknown miscreants intercepted him and snatched the bag containing cash of Rs. 74,8000/- from him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.18522 of 2023(2) dt.17-05-2023 2/2 other co-accused namely, Rohit Mandal in another case Ismailpur P.S. Case No. 3 of 2022. Except confession, nothing has come against the petitioner during course of investigation. Neither the petitioner has been put on TI Parade nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 10.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ismailpur P.S. Case No. 97 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Naugachia, DistBhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T