Heera @ Heeralal Mandal @ Heera Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7908 of 2017 Arising Out of PS.Case No. -117 Year- 2015 Thana -BOUNSI District- BANKA ====================================================== Heera @ Heeralal Mandal @ Heera Lal, Son of Lae Ganesh Mandal, Resident of Village - Ratanpur, Police Station - Barahat, District - Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bounsi P.S. Case No. 117 of 2015 instituted for the offence under Section 379 of the Indian Penal Code.

It has been submitted that on the basis of criminal antecedent, the petitioner was arrested and his confessional statement was recorded by the police in paragraph-34 of the case diary. There is no recovery from possession of the petitioner. The other co-accused Praful Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 10.1.2017 passed in Cr. Misc. 301 of 2017.

As per prosecution story while the informant was returning from Bandhan Bank Branch after collecting money,

Patna High Court Cr.Misc. No.7908 of 2017 (2) dt.06-03-2017 2/2 two persons came on a motorcycle and snatched the bag containing Rs.42,660/- and mobile from his possession and fled away. The petitioner is not named in the written report. There is no recovery from his possession. From the case diary, it appears that no Test Identification Parade has been conducted. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Banka, in connection with Bounsi P.S. Case No. 117 of 2015, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T