Patna High CourtCR. MISC./54978/2024bail granted

Deepak Kumar Mandal v. The State Of Bihar

2024-08-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54978 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Deepak Kumar Mandal Son of Rajesh Mandal Resident of Vill- Meghuwa, Ward No.2, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 139 of 2024 instituted for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, the Informant was working on the post of Field Officer in Bandhan Bank, Branch Fulkaha. It is alleged that on 22.02.2024, four unknown miscreants on two motorcycles came and overtook the vehicle of the Informant and, thereafter, on the point of pistol, looted cash of Rs. 12 lakh. It is alleged that the one of the apprehended coaccused namely Sonu Kumar Paswan disclosed that the motorcycle was being driven by the petitioner.

Patna High Court CR. MISC. No.54978 of 2024(2) dt.02-08-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was not apprehended on the spot and the name of the petitioner has surfaced in this case on the basis of the disclosures made by the apprehended co-accused Sonu Kumar Paswan. The petitioner is not the owner of the alleged motorcycle. Save and except confessional statement, there is nothing against the petitioner in the entire record of this case. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 27.02.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Md. Shahjahan Mansuri has been granted bail by this Court vide order dated 21.05.2024 passed in Cr. Misc. No. 36846 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.54978 of 2024(2) dt.02-08-2024 3/3 also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Forbesganj P.S. Case No. 139 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T