Shivan Mandal @ Siban Mandal @ Suman Kumar Mandal @ Subhan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25141 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- GWALPARA District- Madhepura ====================================================== Shivan Mandal @ Siban Mandal @ Suman Kumar Mandal @ Subhan Mandal S/o Yogendra Mandal Resident of Village-Shyam, P.S.-Gwalpara, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Gwalpara P.S. Case No. 146 of 2024 dated 01.08.2024, instituted for the offence punishable under Sections 309(4), 3(5) of the B.N.S.S. Act.

3. The allegation against the petitioner is that he along with two other accused person snatched the motorcycle, mobile and tablet of informant by showing arms.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that FIR has been lodged against three unknown persons. Petitioner has been made accused in

Patna High Court CR. MISC. No.25141 of 2025(2) dt.30-04-2025 2/3 this case only on the basis of suspicion. It is next submitted that nothing has been recovered from the conscious possession of the petitioner. It is next submitted that no T.I.P. has been conducted till date. Lastly, it has been submitted that the petitioner is in custody since 25.10.2024, he has six criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class Udakishunganj, District- Madhepura in Gwalpara P.S. Case No. 146 of 2024, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

Patna High Court CR. MISC. No.25141 of 2025(2) dt.30-04-2025 3/3

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Khatim Reza, J) sankalp/- U T