Akhilesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52508 of 2022 Arising Out of PS. Case No.-136 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Akhilesh Mandal Son Of Mahadeo Mandal @ Mahadev Mandal R/O VillageAraji Khalsa, P.S.- Mohanpur O.P., District- Purnea ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Sections 394 and 364 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons committed loot of maize loaded on truck belonging to the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.05.2022 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of

Patna High Court CR. MISC. No.52508 of 2022(2) dt.16-12-2022 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused made before the police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has not been put on T.I.P. to ascertain his participation in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 136/2022.

(Sudhir Singh, J) Pankaj/- U T