Jay Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43534 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- NTPC District- Bhagalpur ====================================================== 1.

JAY PRAKASH MANDAL son of Late Manegar Mandal Village- Adalpur Ps- Amdanda Dist- Bhagalpur 2.

Arvind Mandal son of Jai Prakash Mandal Village- Adalpur Ps- Amdanda Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in connection with N.T.P.C. P.S. Case No. 75 of 2022 dated 03.10.2022 registered for the offences punishable u/s 379 of the Indian Penal Code.

As per the prosecution case, the informant's motorcycle bearing registration no. BR-10AG-9323 was stolen by unknown miscreants.

Patna High Court CR. MISC. No.43534 of 2023(2) dt.31-07-2023 2/3

6. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners has sprung up in the confessional statement of the co-accused Sourav Sah. It is further submitted that the petitioners were not apprehended from the spot. Nothing has been recovered from the possession of the petitioners. The petitioners are accused in four other criminal cases as stated in para 3 of the bail petition. The petitioners are in custody since 16.11.2022.

7. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with N.T.P.C. P.S. Case No. 75 of 2022 with the condition :-

1. The petitioners are directed to remain physically present before the learned Court below on each

Patna High Court CR. MISC. No.43534 of 2023(2) dt.31-07-2023 3/3 and every date, failing which on two consecutive dates without reasonable cause, their bail bonds are liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T