Manish Mandal @ Manish Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59562 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Manish Mandal @ Manish Kumar Mandal S/O Late Raghunandan Mandal R/O Village-Kapsiya, Ward No.13, P.S-Alamnagar, District-Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Udakishunganj P.S. Case No. 53 of 2020 instituted for the offences under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 04.03.2020, charge-sheet has been submitted in the case and has antecedent of 11 cases. Learned counsel for the petitioner submits that the informant alleges that three criminals looted the informant and his nephew of Rs. 13,500/-, further the villagers disclosed the name of the petitioner and two other accused to the informant. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case based on his antecedents and informant in the F.I.R. does not disclose as to

Patna High Court CR. MISC. No.59562 of 2021(2) dt.09-03-2022 2/2 who were the villagers who informed him about the petitioner. Learned counsel further submits that since petitioner is having antecedent of 11 cases as such the police through the informant got the petitioner implicated. Learned counsel submits that the charges have been framed in the present case. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case, he was not put on T.I.P. nor any incriminating article was recovered from the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Udakishunganj, Madhepura/Successor Court in connection with Udakishunganj P.S. Case No. 53 of 2020 with a condition that one of the bailors of the petitioner shall be the cousin of the petitioner, Sanjay Mandal and further if the petitioner on two consecutive dates does not appear in the trial, the learned court below shall forthwith cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T