Patna High CourtCR. MISC./18967/2025bail granted

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

2025-04-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18967 of 2025 Arising Out of PS. Case No.-163 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== Rupesh Kumar Mandal @ Rupesh Kumar S/o Binod Kumar Mandal @ Binod Mandal R/o Village- Dahapati, P.S.- Phulparas, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Simri P.S. Case No. 163 of 2024, instituted for the offences punishable under Sections 310(4), 310(5) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, on the basis of secret information, police apprehended three co-accused persons who were planning to commit dacoity and they disclosed the name of the petitioner and others who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.18967 of 2025(2) dt.07-04-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested from the place of occurrence. Name of the petitioner has transpired on the basis of confessional statement made by co-accused persons namely, Shravan Kumar, Rishikesh Kumar Yadav and Sanjeev Kumar Sahu and the same has got no evidentiary value. The petitioner is in custody since 27.08.2024 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 13.12.2024 passed in Cr. Misc. No. 85445 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.18967 of 2025(2) dt.07-04-2025 3/3 below/concerned Court in connection with Simri P.S. Case No. 163 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T