Mithlesh Mandal @ Jaila Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27992 of 2025 Arising Out of PS. Case No.-240 Year-2022 Thana- BELA District- Sitamarhi ====================================================== Mithlesh Mandal @ Jaila Mandal S/o- Late Dukha Mandal Resident of Village- Majhaura, P.S.- Bela, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In this present case, the petitioner seeks bail in connection with Bela P.S. Case No. 240 of 2022 registered for the offences under Section 395 of the Indian Penal Code.
3. As per prosecution case, a dacoity was committed in the house of the informant and the dacoits took away a number of household articles, ornaments and cash. They also threw bomb on a person who saw them. The name of the petitioner transpired during investigation for being involved in the said occurrence.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner
Patna High Court CR. MISC. No.27992 of 2025(2) dt.07-05-2025 2/3 surfaced in Bela P.S. Case No. 257 of 2022 on the basis of disclosure made by other co-accused and then the petitioner has been remanded in the present case. Nothing incriminating has been recovered from the possession of this petitioner. No Test Identification Parade has been conducted. Petitioner is in custody since 14.03.2023 and charge-sheet has already been submitted against the petitioner under Section 395 Cr.P.C. which shows there was no recovery even after submission of chargesheet. Petitioner is having antecedent of seven cases and he is on bail in all the cases.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner appears to be a habitual offender and is accused in seven cases.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned ADJ-IV. Sitamarhi/concerned court in connection with Bela P.S. Case No. 240 of 2022, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
Patna High Court CR. MISC. No.27992 of 2025(2) dt.07-05-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T