Kailash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16726 of 2018 Arising Out of PS.Case No. -92 Year- 2014 Thana -PURAINI District- MADHEPURA ====================================================== Kailash Mandal, S/o Bahadur Mandal, resident of Village- Mahikhand, Badhiya, P.S.- Barharakothi, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S.T. No. 56 of 2015 arising out of Puraini P.S. Case No. 92 of 2014 registered under Sections 399, 402 and 414 of the Indian Penal Code. Petitioner along with other accused persons are said to have congregated at the place of occurrence to commit dacoity and four accused persons were apprehended along with arms and ammunitions who disclosed the name of the petitioner and one coaccused as their fleeing accomplice. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. He was neither apprehended on the spot nor any incriminating article has been

Patna High Court Cr.Misc. No.16726 of 2018 (3) dt.17-05-2018 2/2 recovered from his conscious physical possession. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring confessional statement of the co-accused which has no evidentiary value in the eye of law. Though thirteen more criminal cases have been lodged against the petitioner, but he is on bail in all the aforesaid cases. The petitioner has been languishing in custody since 15.12.2016. Apprehended accused persons, namely, Ranjeet Mandal, Chhabilal Yadav and Sintu Mehra have been enlarged on bail by different co-ordinate benches of this court.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Madhepura in connection with S.T. No. 56 of 2015 arising out of Puraini P.S. Case No. 92 of 2014. (Prakash Chandra Jaiswal, J) Mishra/- U T