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Patna High CourtCR. MISC./21830/2022bail granted

Krishna Mandal v. The State Of Bihar

2022-08-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21830 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== KRISHNA MANDAL Son of Shiv Narayan Mandal Resident of Village - Kisnipatti, P.S. - Ghoghardiha, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 the Indian Penal Code.

As per the prosecution case, 5-6 unknown miscreants were sitting in a tempo and planning for dacoity. On seeing the police, the miscreants started to flee away but on chase three miscreants was apprehended including the petitioner who disclosed his name as Krishna Mandal.

Patna High Court CR. MISC. No.21830 of 2022(2) dt.04-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner is also accused in five other criminal cases as stated at para 3 of the bail petition. Learned counsel for the petitioner has further submitted that no T.I. Parade has been conducted by the police party. The petitioner is in custody since 31.07.2021.

Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that the key has been recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur, Distt.-Madhubani, in connection with Ghoghardiha P.S. Case No. 105 of 2021, with following conditions :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.21830 of 2022(2) dt.04-08-2022 3/3 cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

2. One of the bailors must be a close relative of the petitioner.

The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T