Dharmendar Mandal@Dharmendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37294 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- BASANHI District- Saharsa ====================================================== Dharmendar Mandal@Dharmendra Mandal son of Late Basho Mandal Resident of Village- Dotara, Ward No. 13, P.S.- Basanahi, District- Saharsa (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1, Adv.

For the Opposite Party/s :

Mr.Bharay Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioner and Shri Bharat Lal, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Basanahi P.S. Case No. 18 of 2020 for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant and looted his mobile phone and motorcycle.

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 27.07.2020. The learned counsel for the petitioner has further submitted that no Test Identification Parade has been

Patna High Court CR. MISC. No.37294 of 2020(2) dt.02-02-2021 2/2 held so as to connect the petitioner with the alleged occurrence, hence, the petitioner be granted the privilege of bail. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

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 fact that no test identification parade has been held so as to connect the petitioner with the alleged crime and the petitioner is languishing in custody since 27.07.2020, I deem it fit and proper to direct for release of 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 A.C.J.M.- III, Saharsa in connection with Basanhi P.S. Case No. 18 of 2020.

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