Mithun Mandal @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52435 of 2022 Arising Out of PS. Case No.-428 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== MITHUN MANDAL @ MITHUN KUMAR S/O UDAY MANDAL Resident of village- Biharipur, P.S.- Nath Nagar, Madhusudanpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Nath Nagar Madhusudanpur P.S. Case No. 428 of 2021 under section 414 of the Indian Penal Code.

As per the prosecution story, the informant, a Field Officer has alleged that while he was returning after collecting Rs. 48,000/-, he was intercepted and on the point of pistol, they snatched the bag and fled away. Further, he raised 'hullah', the miscreants threw the bag and when he checked it, only a cash of Rs. 26,900/- was available as the accused persons were masked, he could not identify them.

Patna High Court CR. MISC. No.52435 of 2022(2) dt.13-01-2023 2/2 Learned counsel for the petitioner submits that he is an aged person and is not involved in such crime and he do not have criminal antecedent and the last submission is that one of the similar place co-accused Lalu Kumar has since been granted relief by a coordinate bench of this Court in Cr. Misc. No. 11343 of 2022 on 16.5.2022.

The learned APP opposes the prayer.

Taking into account the aforesaid fact the petitioner do not have criminal antecedent, the allegation is vague and one of the co-accused has since been granted relief, this Court is inclined to grant him relief.

Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bhagalpur, in connection with Nath Nagar Madhusudanpur P.S. Case No. 428 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T