Bablu Mandal @ Bablu Sing @ Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55710 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Bablu Mandal @ Bablu Sing @ Bablu Singh, Son of Kedar Singh, resident of Village- Akahiya, P.S.- Manshi, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rai Mukesh Sharma For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 395 of the I.P.C Allegedly, dacoity was committed in the room of Mixing Plant and cash of Rs. 1,50,000/-, mobile of the informant and other persons were looted away. During investigation Nago Mahto confessed his guilt wherein he stated the name of the petitioner and thereafter the petitioner was apprehended and from his possession one Nokia mobile and cash of Rs. 1,700/- was recovered for which the petitioner confessed that it is the part of the looted amount.

Submission is of false implication and that the mobile recovered is not the looted mobile and the cash recovered is of the petitioner, but the police has wrongly mentioned that it was the

Patna High Court Cr.Misc. No.55710 of 2016 (3) dt.28-01-2017 2/2 part of the looted amount, the petitioner is in custody since 12.06.2016, he is not named in the FIR, he has not been put on the test identification parade and further the recovered amount also has not been put on the test identification parade and as such the petitioner deserves sympathetic consideration as in this case coaccused Lalan Kumar has been allowed bail vide Cr. Misc. No. 55177 of 2016 by order dated 09.01.2017 by another co-ordinate Bench of this Court.

The learned A.P.P. opposes prayer for bail of the petitioner.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rahul Kishore, J.M.1st Class, Begusarai in Fulwaria P.S. Case No. 91 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T