Suman Mangardaita @ Suman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32712 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- PRATAPGANJ District- Supaul ====================================================== Suman Mangardaita @ Suman Yadav S/O Suresh Mangardaita R/O VillageDaulatpur, P.S- Karjain, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Pratapganj P.S. Case No. 68 of 2022 registered for the offence under Sections 365, 392 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 06.02.2023.

The allegation against this petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away Scorpio/vehicle of informant, which was taken initially on hire basis.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.32712 of 2023(2) dt.03-07-2023 2/3 submitted that petitioner was implicated falsely with present case as certain disputes developed out of fair differences. It is submitted that out of said differences, petitioner was implicated falsely with present case, where it is alleged that the Scorpio/vehicle in issue was taken on hire by petitioner for Govindpur, Supaul. It is further submitted that the alleged Scorpio/vehicle was recovered from co-accused, namely, Avinash Kumar and Chandra Sekhar Kumar, who were granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 64831 of 2022 vide order dated 25.04.2023. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as the vehicle in issue was given on hire basis to petitioner by informant, where the vehicle was recovered from other co-accused persons, not from this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 06.02.2023, accordingly the petitioner, above named, is directed to be released on bail in

Patna High Court CR. MISC. No.32712 of 2023(2) dt.03-07-2023 3/3 connection with Pratapganj P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate Birpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T