Kripal Mandal @ Kanhaiya Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34791 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Kripal Mandal @ Kanhaiya Mandal, Son of Mithilesh Mandal VillageDumariya Ps- Gopalpur Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 212 of 2022, registered for the offences punishable under Sections 379, 420 of the Indian Penal Code and Section 66 (D) of I.T. Act As per the prosecution case, the informant had withdrawn Rs. 10,000/- through the Operator of Customer Service Centre from her account in UCO Bank but when the informant updated her passbook, she found that there had been a withdrawal of a total of Rs. 20,000/-.
Learned counsel for the petitioner submits that the petitioner has not been named in the F.I.R. and his name came during the investigation only on the confessional statement of
Patna High Court CR. MISC. No.34791 of 2023(2) dt.07-07-2023 2/2 co-accused, namely, Aman Kumar. There is no recovery from the possession of the petitioner. Petitioner has falsely been implicated in this case. Charge-sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with the evidence. Petitioner has two criminal antecedents in which he is on bail. Petitioner is in jail custody since 15.09.2022.
Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Naugachhia, Bhagalpur in connection with Gopalpur P.S. Case No. 212 of 2022. (Sunil Dutta Mishra, J) ashutosh/- U T