Kare Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28317 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Kare Mandal Son Of Natho Mandal Resident Of Village- Lakshminiya PsMohanpur, (RUPAULI), Distt- Purnea ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Dholbajja (Kadwa O.P.) P.S. Case No.- 42 of 2021 registered for the offences punishable under Section 392 of the Indian Penal Code. He has got two criminal antecedents and in both the cases, he is on bail. Learned counsel for the petitioner submits that the petitioner is one of the accused who were indulged in the alleged act of looting the informant's bag which contained a Samsung Company Tab, a finger sensor machine, charger and other papers. They even looted his personal belongings and fled away on their motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.28317 of 2023(2) dt.07-07-2023 2/2 case.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein the name of the petitioner is transpired as one of the accused who were indulged in the alleged act, he has two criminal antecedents of similar nature and the informant says that he can identify the accused, if produced, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

This application stands rejected.

In case the petitioner surrenders and prays for regular bail in the learned court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court. (Rajeev Ranjan Prasad, J) tusharika/- U T