Pradeep Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48002 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- PALASI District- Araria ====================================================== Pradeep Kumar Mandal Son Of Late Kulanand Prasad Mandal VillageManikpur Ward No-6, Ps- Simraha Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv Ms. Diksha Kumari Mr. Kumar Rajdeep For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 406, 409, 201 and 120B of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is that he has issued false cheque for withdrawal of forged amount under the Scheme of Crop Compensation Grant Scheme from the bank after forging the signatures of the informant i.e., Block Development Officer of Palasli Block and also the allegation against this petitioner is that he withdrew money from the bank or in cash.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.48002 of 2023(4) dt.29-11-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case only on the basis of suspicion. It is further submitted that no recovery has been made from the possession of the petitioner and also neither he withdrew any amount from the bank nor he has issued any cheque to withdraw forged amount. It is also submitted from para-18 of this petition that during the course of investigation, in para-39 of the case diary, the Investigating Officer has stated that the BDO (Informant) issued notices to 134 accounts holder who are beneficiaries for return of the aforesaid forged amount in the Bank account of Block Office. In the aforesaid list of beneficiaries also the name of the petitioner does not appear. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be

Patna High Court CR. MISC. No.48002 of 2023(4) dt.29-11-2023 3/3 released on bail in connection with Palasi P.S. Case No. 384 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Araria.

(Sunil Kumar Panwar, J) Shubham/- U T