Manjeet Mandal @Manjeet Kumar Mandal@Umanath Mandal @Umanand Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3216 of 2021 Arising Out of PS. Case No.-586 Year-2014 Thana- PURNEA SADAR District- Purnia ====================================================== Manjeet Mandal @ Manjeet Kumar Mandal @ Umanath Mandal @ Umanand Mandal son of Late Hardeo Mandal Resident of Tingachhia, P.S.- Katihar Nagar, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2022 Heard learned counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State through virtual court proceedings.
The petitioner seeks regular bail in connection with Purnea Sadar P.S. Case No. 586 of 2014 instituted for the offences under Sections 394 and 302 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 24.10.2019 and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that informant in the F.I.R. alleges that on 25.11.2014 he along with deceased (Raushan Gupta) and others left for Purnea from Forbesganj for purchasing articles for their shop and when they
Patna High Court CR. MISC. No.3216 of 2021(3) dt.10-01-2022 2/3 were proceeding for Gulabh Bagh Market, all of a sudden one accused in the age group of 25-30 years came near them and asked for the bag in which money was kept, further the accused snatched the bag from Raushan Gupta and also fired at him hitting him on the chest, accordingly he fell and died during the course of treatment while the accused fled away with the bag containing approximately Rs. 1.5 lakhs to 1.75 lakhs. Learned counsel for the petitioner submits that the name of this petitioner transpired in the confessional statement of Guddu Chaudhary who got bail vide order dated 11.06.2015 in Cr. Misc. No. 15935 of 2015 and subsequently was acquitted by learned court below vide order dated 05.12.2019 in S.T. No. 247 of 2015.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that coaccused Guddu was in custody since 2015 and in the year 2019 he was acquitted while this petitioner was apprehended in this case in the year 2019 and has got criminal antecedents. Considering the fact that the petitioner is in custody since 24.10.2019, charge-sheet has been submitted in the case and the co-accused on whose confessional statement the name of the petitioner transpired has been acquitted, let the petitioner
Patna High Court CR. MISC. No.3216 of 2021(3) dt.10-01-2022 3/3 above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Purnea Sadar P.S. Case No. 586 of 2014 with a condition that one of the bailors shall be the brother of the petitioner and the petitioner will be released after framing of the charge.
(Satyavrat Verma, J) Rishi/- U T