Jitendra Kumar Mandal @ Jitendra Mandal @ Bablu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22396 of 2022 Arising Out of PS. Case No.-383 Year-2021 Thana- KHAIRA District- Jamui ====================================================== JITENDRA KUMAR MANDAL @ JITENDRA MANDAL @ BABLU MANDAL Son of Satyanarayan Mandal R/o Vill. - Shobhakha, P.O.- Chuar, P.S.- Khaira, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against three unknown persons is to have snatched away the motorcycle and other articles, as mentioned in the FIR, of the informant on the strength of arms, while he was returning from Gidhor.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that FIR is against unknown and name of the

Patna High Court CR. MISC. No.22396 of 2022(2) dt.18-07-2022 2/3 petitioner has surfaced in this case on the confessional statement made by the co-accused, Vikram Kumar, and except the said confessional statement, there is no any other incriminating material against the petitioner. It is further submitted that no looted article has been recovered from the possession of the petitioner rather the same has been recovered from the house of co-accused Vikram Kumar. Petitioner is in custody since 05.02.2022.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Khaira P.S. Case No. 383/2021 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.22396 of 2022(2) dt.18-07-2022 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T