Kamlesh @ Manoj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30384 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- DANDKHORA District- Katihar ====================================================== Kamlesh @ Manoj Kumar Mandal S/O Bumeshwar Mandal R/O Sakraili, P.S.-Dandkhora, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

21-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Dandkhora P.S. Case No. 68 of 2020, registered for the offence under Section 461, 379 of the Indian Penal Code.

The F.I.R. has been lodged against unknown for theft of cash of Rs. 22,010/-, one cell phone and relevant papers of motorcycle of the informant, which were kept in the dicky of the motorcycle.

Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of two co-accused namely Kamlesh Kumar Mandal and Pawan Kumar. No incriminating article has been recovered from the possession of the petitioner and till date, petitioner has not been

Patna High Court CR. MISC. No.30384 of 2021(2) dt.21-08-2021 2/2 put on T.I.Parade. Petitioner is in custody since 28.07.2020. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 C.J.M., Katihar in connection with Dandkhora P.S. Case No. 68 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T