Babloo Mandal @ Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45024 of 2023 Arising Out of PS. Case No.-16 Year-2020 Thana- MANSI District- Khagaria ====================================================== BABLOO MANDAL @ BABLU SINGH Son of Late Kedar Mandal Resident of Village - Ekania, P.S.- Mansi, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Suppl. Mansi P.S. Case No. 16 of 2020 registered for the offence under Sections 392 of the Indian Penal Code.

The case relates to commission of loot on the point of pistol from informant committed by the petitioner and his companion in which cash of Rs. 25000/-, T.V.S. motorcycle and golden chain have been looted away.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case during course of investigation on the basis of confessional

Patna High Court CR. MISC. No.45024 of 2023(3) dt.28-08-2023 2/3 statement of the co-accused, Sattan Mahto recorded in connection with Choutham P.S. Case No. 272 of 2019. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner nor T.I.P. has been conducted by the prosecution till date. Save and except the confessional statement of the co-accused, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. Moreover, co-accused, Shoshal Yadav and Bibodh Yadav have already been granted bail by a co-ordinate Bench of this Court vide order dated 22.12.2020 and 09.03.2022 passed in Cr. Misc. No. 34586 of 2020 and Cr. Misc. No. 52879 of 2021 respectively.

He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 28.05.2022. Learned A.P.P. for the State opposed the prayer for bail of the petitioner and submits that the petitioner carries six cases other than the present one but he has been allowed bail in all six cases.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 16 of

Patna High Court CR. MISC. No.45024 of 2023(3) dt.28-08-2023 3/3 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T