Pawan Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24591 of 2023 Arising Out of PS. Case No.-728 Year-2022 Thana- AMARPUR District- Banka ====================================================== PAWAN KUMAR MANDAL S/O NARESH MANDAL R/O VillageFatehpur, P.S- Amarpur, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Amarpur P.S. Case No.728 of 2022 instituted under Sectios 457, 380 of the IPC lodged on 22.12.2022 by the informant Chandrashekhar Azad Singh.

As per the prosecution story, the accused persons including the petitioner after breaking the wall of the shop removed electronic goods to the tune of Rs.3,78,000/-. The entire episode was captured in the C.C.Tv.

As per the petition, the petitioner do not have criminal antecedent. The coordinate bench had called for the case diary which has since been received and according to paragraph-39 contrary to the claim made by the petitioner (that he do not have criminal antecedent) he has criminal antecedent inasmuch as Amarpur P.S. Case No.142 of 2008 has been registered against

Patna High Court CR. MISC. No.24591 of 2023(3) dt.16-08-2023 2/2 him under sections 448, 376 and 511 of the IPC. Considering the wrong statement made by the petitioner in the petition, the bail application stands rejected. (Rajiv Roy, J) Prakash Narayan U T