Nirmal Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47905 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== Nirmal Kumar Mandal Son Of Akshay Kumar Mandal Resident Of VillageRani Nagar, Uttar Gopinathpur, Police Station Khargram In The District Of Murshidabad (W.B.) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 504, 506, 34 of the Indian Penal Code.

As per prosecution case, on the pretext of providing custom auctioned Fortuner Car, the accused persons got transferred Rs. 9,98,000/- from the informant. But no such custom auction took place nor car was delivered after that this case has been lodged against the accused persons.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47905 of 2023(3) dt.11-09-2023 2/3 petitioner is innocent and has committed no offence. The petitioner was manager of Hotel Anand at Mursidabad and when informant came at the said hotel then he pressurized the petitioner to provide room in the said hotel free of cost but the petitioner denied to do so due to which he has falsely been implicated in this case. He has got no criminal antecedent. The informant has not transferred money in the account of the petitioner and during investigation no consistent material has come out against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate bench of this Court vide order dated 22.08.2023 passed in Cr. Misc. No. 52878 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 05.05.2023.

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

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 released on bail in connection with Shahkund

Patna High Court CR. MISC. No.47905 of 2023(3) dt.11-09-2023 3/3 (Sajour) P.S. Case No. 29 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhagalpur.

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