Dhananjay Mandal @ Dhanjay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18997 of 2025 Arising Out of PS. Case No.-532 Year-2024 Thana- BANKA District- Banka ====================================================== Dhananjay Mandal @ Dhanjay Mandal S/O Anand Mandal Resident Of Village- Hariyali, P.s.- Poraiyahat, Dist.- Godda, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Banka P.S. Case No. 532 of 2024 instituted for the offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

As per prosecution case, petitioner committed theft of informant's Scorpio in front of the house of the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-01-2025. Petitioner bears nine criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.18997 of 2025(3) dt.25-06-2025 2/3 case. Petitioner is named in the FIR. Nothing has been recovered from the possession of the petitioner. There is delay of two days in lodging the FIR. Petitioner has been falsely implicated on extraneous consideration. Police after completion of investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other prosecution witnesses have supported the prosecution case and petitioner is named in the FIR, there is direct allegation attributed to him.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banka P.S. Case No. 532 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.18997 of 2025(3) dt.25-06-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(IV) If the petitioner is found indulged in any criminal activity or commission of any crime after being released on bail, the prosecution will be at liberty to file an appropriate application before the court below for cancellation of his bail.

(Rudra Prakash Mishra, J) Raj Kishore/- U T