Nirbhay Mandal @ Nirbhay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41178 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- FALKA District- Katihar ====================================================== Nirbhay Mandal @ Nirbhay Kumar Mandal Son of Pradip Mandal @ Pradeep Mandal Resident of Village- Pipara Mohjan, P.S.- Falka, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner and Shri Damodar Prasad Tiwary, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Falka P.S. Case No. 30 of 2021 instituted for the offences under Sections 411, 413, 414, 420, 467, 468 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 03.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of two motorcycles and an Oppo screen touch mobile for which petitioner was unable to furnish any document.

Learned counsel for the petitioner submits that one of

Patna High Court CR. MISC. No.41178 of 2021(2) dt.12-01-2022 2/2 the motorcycles is registered in the name of father of the petitioner and the mobile belongs to the petitioner. Further, the house of the petitioner was raided based on confession of coaccused and the other motorcycle was recovered from the courtyard for which no case of theft was instituted. It is further submitted that the petitioner has been falsely implicated in the present case without proper investigation and is a person with clean antecedent.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.02.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- III, Katihar in connection with Falka P.S. Case No. 30 of 2021. (Satyavrat Verma, J) Rishi/- U T