Ram Vishwas Mandal @ Dhorwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35781 of 2020 Arising Out of PS. Case No.-38 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== RAM VISHWAS MANDAL @ DHORWA S/O GANIPAT MANDAL RESIDENT OF VILLAGE - CHANDANI CHOWK WARD NO. 12, P.S. - SONBARSA, DIST - SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Ad.

For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2021 Heard the learned counsel for the petitioner and Smt. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Dumra P.S. Case No. 38 of 2020 for the offence punishable under Sections 413, 414/34 of the Indian Penal Code. The allegation is regarding the police having apprehended the co-accused person namely Ramesh Kumar @ Bantha Kumar and seized one motorcycle, document whereof could not be produced by him and upon interrogation, he disclosed the names of the petitioner and one other co-accused person namely Ranjit Mahto as the persons who were engaged in sale and purchase of stolen motorcycle, whereafter the police had conducted raid at the house of the co-accused person

Patna High Court CR. MISC. No.35781 of 2020(2) dt.19-01-2021 2/3 namely Ranjit Mahto and two motorcycles were recovered as also the petitioner was apprehended at the said place. Per contra, the learned APP has vehemently opposed the prayer for bail.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 20.01.2020. The learned counsel for the petitioner has submitted that the coaccused person namely Ranjit Mahto from whose house stolen motorcycle has been recovered, has already been granted bail by the learned trial Court.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the period of incarceration of the petitioner as also considering the fact that the co-accused person from whose house the stolen motorcycle has been recovered, has already been granted bail, I deem it fit and proper to direct for release on the petitioner on regular bail. Accordingly, the petitioner, above-named is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with

Patna High Court CR. MISC. No.35781 of 2020(2) dt.19-01-2021 3/3 Dumra P.S. Case No. 38 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T