Hero Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40075 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- KURSAILA District- Katihar ====================================================== HERO MANDAL SON OF SURESH MANDAL RESIDENT OF VILLAGEKHERIYA, A.G.BAZAR, P.S.- KURSELA, DIST- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2021 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioner and Mr. Shantanu Kumar, learned counsel appearing for the State.
Petitioner seeks regular bail in connection with Kursela P.S. Case No. 07 of 2020 registered for the offence punishable under Section 392 of the I.P.C.
The allegation as per the First Information Report is that 03 unknown persons riding on a motorcycle intercepted the tractor of the informant loaded with potato, snatched a sum of Rs. 12,000/- from the informant and also fled away along with the tractor on which potato was loaded.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and is having no criminal antecedent. Learned counsel next submits that petitioner is not named in the F.I.R. and his name has transpired on the basis of the confessional statement of the co-accused / Saurabh Kumar Yadav, who has been granted bail
Patna High Court CR. MISC. No.40075 of 2020(2) dt.09-02-2021 2/2 by this Court in Cr. Misc. No. 19614 of 2020. Learned counsel further submits that no looted article or any incriminating material has been recovered from the possession of the petitioner and the petitioner is in custody since 11.07.2020 but till date he has not been put on T.I. Parade. Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent and similarly situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar / court concerned in connection with Kursela P.S. Case No. 07 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
praful/- (Anil Kumar Sinha, J) U T