Patna High CourtCR. MISC./40381/2023bail granted

Anil Mandal v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40381 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- JAMUI District- Jamui ====================================================== Anil Mandal Son Of Gulab Mandal Village Harnarayanpur P.S.Jamui District Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Jamui P.S. Case No. 466 of 2022 dated 11.09.2022 registered for the offences u/ss 399, 402, 120B read with section 34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, the police apprehended the co-accused persons who were making the plan of committing loot and the police recovered two country made

Patna High Court CR. MISC. No.40381 of 2023(2) dt.21-07-2023 2/3 pistols and two live cartridges from their possessions.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot. The name of the petitioner has sprung up in the confessional statement of the co-accused persons, Duvesh Kumar Rawat, Ranveer Kumar Mandal @ Pappu and Rocky Thakur. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 07.02.2023 passed in Cr. Misc. No. 59466 of 2022. The petitioner has got three other criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Jamui P.S. Case No. 466

Patna High Court CR. MISC. No.40381 of 2023(2) dt.21-07-2023 3/3 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T