Sushil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32959 of 2019 Arising Out of PS. Case No.-732 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== Sushil Mandal S/o Ashok Mand,al R/o village- Purani Sarai, P.S.- Nath Nagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Kahalgaon (Ghogha) P.S. Case No.732 of 2018 registered under Sections 401, 413, 414 and 420 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the petitioner was not at all aware of the fact that the motorcycle given to him by one Arbind Kumar was a stolen property. He became a victim of unfortunate circumstance. He has got no criminal antecedent and is in custody since 10.12.2018. He has further contended that co-accused, namely, Pradeep Kumar Yadav having identical allegation to that of the petitioner has already been granted bail by a Bench of this Court vide order dated 04.04.2019 passed in Cr. Misc. No. 20737 of

Patna High Court CR. MISC. No.32959 of 2019(2) dt.20-05-2019 2/3 of 2019.

Learned counsel for the State has opposed the prayer for grant of bail to the petitioner. However, he conceded that the case of the petitioner is identical to that of Pradeep Kumar Yadav, who has already been granted bail by a Bench of this Court.

Considering the submissions made on behalf of the parties, since the investigation is over and the custodial interrogation of the petitioner is not warranted as also that the petitioner has made statement in paragraph-3 that he has no criminal antecedent, he directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No.732 of 2018 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

Patna High Court CR. MISC. No.32959 of 2019(2) dt.20-05-2019 3/3 from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Md. S/- U T