Dhruv Mandal @ Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52687 of 2024 Arising Out of PS. Case No.-87 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== Dhruv Mandal @ Uday Kumar S/O Rajendra Mandal Resident VillSinduwari, P.S.- Gwalpara, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupesh Kumar For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2024 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 section 392 of the Indian Penal Code.
3. Allegation against the petitioner along with other co-accused is that they looted the motorcycle of the informant along with mobile and one bag on the point of gun. 4.Learned counsel for the petitioner submits that the 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 has come in this case on the basis of confessional statement of co-accused Vishal Kumar who has already been granted bail by this Court vide order dated
Patna High Court CR. MISC. No.52687 of 2024(2) dt.26-07-2024 2/2 07.02.2023 in Cr. Misc. No. 61987 of 2022. He has been remanded in this from Gwalpara P.S. Case No. 36 of 2023. Nothing has been recovered from the conscious possession of the petitioner. Save and except confessional statement of coaccused, nothing consistent material has come against him. Moreover, the petitioner is languishing in judicial custody since 27.04.2023.
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 released on bail in connection with Gwalpara (Arar O.P.) P.S. Case No. 87 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 J.M.F.C., Udakishunganj, Madhepura. (Sunil Kumar Panwar, J) Shubham/- U T