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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38288 of 2023 Arising Out of PS. Case No.-91 Year-2022 Thana- NADI District- Supaul ====================================================== Suraj Kumar Mandal @ Suraj Mandal S/O Late Shyam Mandal R/O- Ward No.11, Anand Nagar Ghoghardiha, Ps.- Ghoghardiha, Distt. Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379 of the IPC later on Section 411 of the IPC was also added. As per FIR, the allegation against unknown miscreants is that they took away the motorcycle of the informant bearing Reg. No. BROJCZ-4201.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR and he has no concern with the alleged occurrence rather the recovered motorcycle from his possession is a purchased one which was purchased from co-

Patna High Court CR. MISC. No.38288 of 2023(2) dt.04-07-2023 2/2 accused Krishna Kumar Mandal and the petitioner is a bonafide purchaser of the same. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 26.06.2023 passed in Cr. Misc. No. 32000 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 17.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Supaul Nadi P.S. Case No. 91 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Supaul, District Supaul. (Sunil Kumar Panwar, J) manishkumar/- U T