Patna High CourtCR. MISC./21871/2022bail granted

Sanjeev Mandal v. The State Of Bihar

2022-07-26Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21871 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== Sanjeev Mandal Son of Suraj Mandal @ Surya Narayan Mahto R/o village - Barhmottar, P.S. - Madhepura (Bharrahi O.P.), District - Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Lalan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Singheshwar P.S. Case No. 257 of 2021 lodged under Section 379 of the Indian Penal Code.

The case of prosecution is that on 08.10.2021 the motorcycle of the informant was taken by the petitioner and thereafter he has not returned his motorcycle then on 12.11.2021 this F.I.R. has been lodged under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that it is apparent from the F.I.R. itself that date of occurrence is 08.10.2021 but the case has been lodged on 12.11.2021 i.e. more than about one month. It has been mentioned that as per the

Patna High Court CR. MISC. No.21871 of 2022(2) dt.26-07-2022 2/2 allegation made in the F.I.R. itself no offence under Section 379 I.P.C. is made out. Learned counsel for the petitioner further submits that petitioner is in custody since 02.12.2021, charge sheet has already been filed in this case and petitioner's antecedent is clean.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Singheshwar P.S. Case No. 257 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. and one of the bailor shall be the close relative of the petitioner. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T