Gautam Mandal @ Gautam Kumar Mandal @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27728 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- SAHARGHAT District- Madhubani ====================================================== Gautam Mandal @ Gautam Kumar Mandal @ Gautam Kumar S/O Umesh Mandal R/O- Village- Uttara, P.S.- Saharghat, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saharghat P.S. Case No. 05 of 2025 instituted for the offences under Section 309(4) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, four unknown motorcycleborne miscreants have snatched the motorcycle and mobile of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Learned counsel for the petitioner submits that there is delay of three days in lodging the F.I.R. which creates doubt in the

Patna High Court CR. MISC. No.27728 of 2025(2) dt.07-05-2025 2/3 veracity of the prosecution case. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation. Later on, the petitioner was arrested and his confessional statement was recorded under duress which has no evidentiary value in the eye of law. The petitioner lives in a joint house where several family members of the petitioner reside. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 30.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the police has recovered the looted motorcycle of the Informant from the house of the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.27728 of 2025(2) dt.07-05-2025 3/3 Court in connection with Saharghat P.S. Case No. 05 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T