Bharat Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30689 of 2024 Arising Out of PS. Case No.-1177 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Bharat Mandal SON OF Ganesh Mandal RESIDENT OF VILLAGEBISHANPUR JICHHO, PS- LODIPUR, DIST- BHAGALPUR ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Nawal Kishore Son Of Shyam Mandal Resident Of Village- And PoBishanpur Jichho, Ps- Lodipur, Dist- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indeshwari Mandal For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Complaint Case No. 1177/2016 dated 04.07.2016 registered for the offences punishable under sections 120B, 302, 311, 406, 419, 420, 465, 468, 477A, 506, 511/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and accused persons fraudulently registered the land in place of other plot. The co-accused Dashrath Mandal has opened the

Patna High Court CR. MISC. No.30689 of 2024(3) dt.26-06-2024 2/3 account in the name of the complainant and fraudulently withdrawn Rs. 10 Lakh.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the allegation is general and omnibus in nature. The petitioner has two criminal antecedents and in both cases he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Complaint Case No. 1177/2016, with a condition:

(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.30689 of 2024(3) dt.26-06-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T