Pintu Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35900 of 2021 Arising Out of PS. Case No.-900 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== PINTU KUMAR MANDAL Son of Prabhu Mandal Resident of Village - Sadhua, P.S. and District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Madhepura Police Station Case No. 900 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the informant was intercepted by four miscreants while he was going on motorcycle along with money and the accused persons snatched the cash, Samsung tablet, mobile etc. from the informant.
Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been remanded in this case from Madhepura Police Station
Patna High Court CR. MISC. No.35900 of 2021(3) dt.06-04-2022 2/3 Case No. 903 of 2020, registered under Sections 25(1-b)a/26/35 of the Arms Act, on the basis of confessional statement of the petitioner and another co-accused. He further submits that petitioner has not been put on Test Identification Parade and no incriminating material and/or looted article has been recovered from the possession of the petitioner. He further submits that coaccused persons, namely, Prabhakar Kumar (vide order, dated 23.09.2021, passed in Criminal Misc. No. 38102 of 2021) and Mithun Kumar (vide order, dated 21.01.2022, passed in Criminal Misc. No. 39030 of 2021) have been granted bail by this Court . He further submits that the petitioner is in custody since 18.01.2021 and charge sheet has been submitted and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that co-accused persons have been granted bail by this Court, the petitioner is in custody since 18.01.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.35900 of 2021(3) dt.06-04-2022 3/3 regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura Police Station Case No. 900 of 2020, subject to the following conditions:- (i) the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and in the event of his absence on two consecutive dates without sufficient reason, his bail bond shall liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, the prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √