Rohit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29806 of 2020 Arising Out of PS. Case No.-20 Year-2016 Thana- FALKA District- Katihar ====================================================== ROHIT MANDAL Son of Sanjay Mandal Resident of Village - Siyara, P.S.- Tikapatti, Distt.- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. Prosecution case, in short, is that four unknown miscreants on the point of pistol looted Rs.58000/- and three mobiles from the informant.

Patna High Court CR. MISC. No.29806 of 2020(2) dt.11-11-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.12.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of looted sim card of the mobile which was used by the petitioner. The petitioner had no knowledge that the mobile in question is looted one. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Katihar in connection with Falka P.S. case No.20 of 2016. (Sudhir Singh, J) Narendra/- U T