Dharmendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8393 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== DHARMENDRA MANDAL SON OF LATE BASUDEO MANDAL R/O VILL.- BAKHARPUR PURAB TOLA, P.S.- PIRPAINTI (BAKHARPUR), DIST.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupa Nand Jha, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Pirpainti (Bakharpur) P.S. Case no. 6 of 2020 registered under section 392 of the Indian Penal Code to which section 414 of the Indian Penal Code was added subsequently. As per allegation in the FIR, the three accused persons caught hold of the informant and dispossessed him of his motorcycle and other articles including Rs.8,000 in cash. On an attempt by the accused persons to abandon the motorcycle and escape, they were caught.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the occurrence and has been

Patna High Court CR. MISC. No.8393 of 2021(3) dt.13-07-2021 2/2 falsely implicated in the case only on the basis of the confessional statement. No incriminating article has been recovered from his possession. The petitioner is in custody since 6.1.2020 and has no criminal antecedent besides one case under the Excise Act lodged for the same occurrence. Investigation in the case has concluded. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for 1 year 6 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Pirpainti (Bakharpur) P.S. Case no. 6 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Bhagalpur. Spd/- (Partha Sarthy, J) U T