Manish Kumar Mandal @ Manish Kumar @ Manish Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49215 of 2023 Arising Out of PS. Case No.-51 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== MANISH KUMAR MANDAL @ MANISH KUMAR @ MANISH MANDAL Son of Late Raghunandan Mandal Resident of village - Kapsiya, Post - Ratwara, P.S - Alamnagar, Distt. - Madhepura ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupesh Kumar For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023
1. Learned counsel for the petitioner 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.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S. Case No. 51 of 2020 dated 16.02.2020 registered for the offences punishable u/s 392 and 411 of the Indian Penal Code.
4. As per the prosecution case, when the informant and his cousin, Amod Kumar Jha were going to their home on the motorcycle, they were intercepted by three accused persons who snatched the informant's motorcycle on the point of pistol.
Patna High Court CR. MISC. No.49215 of 2023(2) dt.17-08-2023 2/3 The police apprehended one person namely, Vikash Ram with motorcycle of the informant.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has surfaced on the basis of the confessioanl statement of the co-accused Murari Yadav. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 10.11.2020 passed in Cr. Misc. No. 23819 of 2020. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.08.2022.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.49215 of 2023(2) dt.17-08-2023 3/3 concerned, Madhepura in connection with Murliganj P.S. Case No. 51 of 2020 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Alok Verma/- U T