Rahul Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12731 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -DARBHANGA District- DARBHANGA ======================================================
1. Rahul Kumar Mandal, Son of Parsuram Mandal, resident of MohallaHospital Road Benta, PHED Colony, P.S.- Laheriasarai, DistrictDarbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Nath Jha, Advocate Mr. Suresh Chand Giri, Advocate Mr. Suman Kumar Singh, Advocate For the Opposite Party/s : Mr. M. Rab , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-05-2016 Supplementary affidavit has been filed on behalf of the petitioner stating therein that after filing of this bail application, the petitioner has been remanded in Darbhanga Town P.S. Case 11 of 2016 and charge-sheet has already been submitted under Section 392 and 412 of the Indian Penal Code.
Let it be kept on record.
Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Darbhanga Town P.S. Case No. 18 of 2016 registered for the
Patna High Court Cr.Misc. No.12731 of 2016 (3) dt.06-05-2016 2/3 offences punishable under Sections 353, 307, 401, 411, 414, 420, 467, 468, 216(A) and 120(B) of the Indian Penal Code. Allegedly, a raid was conducted but 2 to 3 associates of Rama Nand Paswan succeeded in fleeing away, further, Rama Nand Paswan was apprehended though he tried to push constable Manoj Paswan and also tried to snatch his pistol and on the basis of disclosure made by Rama Nand Paswan, other co-accused were apprehended with looted mobile and further, the house of the petitioner was also raided and looted mobile was recovered.
Submission is of false implication and that the petitioner is a student of I.Sc in Maharani College, co-accused has stated that he has hidden the mobile in the house of the petitioner and then the house of the petitioner was raided, the petitioner does not know Rama Nand Paswan, Md. Naseem and others and without any material, the petitioner has been implicated in this case as well as in Darbhanga Town P.S. Case 11 of 2016.
The learned A.P.P. opposes the prayer of bail by submitting that looted mobile was recovered from the house of the petitioner.
In the facts and circumstances stated above, the
Patna High Court Cr.Misc. No.12731 of 2016 (3) dt.06-05-2016 3/3 petitioner, above named, shall be released on bail after completion of six months in custody from date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga Town P.S. Case No. 18 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd./- U T