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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53837 of 2023 Arising Out of PS. Case No.-243 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Sanjay Kumar Mandal @ Sanjay Mandal S/O- Vidyanand Mandal VillageNetaji Chowk Jogbani Ward No-11, Ps- Jogbani Dist- Araria ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54658 of 2023 Arising Out of PS. Case No.-243 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Aman Kumar Roy @ Aman Kumar Ray S/O Ganga Prasad Roy R/O VillageNetaji Chowk Ward No. 11 Swastik Nagar, Ps. Jogbani, Dist. Araria ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53837 of 2023) For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha (In CRIMINAL MISCELLANEOUS No. 54658 of 2023) For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 394

Patna High Court CR. MISC. No.53837 of 2023(2) dt.28-08-2023 2/3 of the Indian Penal Code and Section 27 of the Arms Act and Section 412 of the IPC was also added.

As per prosecution case, the allegation against unknown miscreants is that they came at the shop of the informant and on pistol point looted cash Rs. 40,000/-, and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. They have falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioners are named in the FIR nor they were put on TIP. It is further submitted that 32,500/- cash and one motorcycle were recovered from the house of the petitioner No-1 and from the petitioner no-2 nothing looted article has been recovered rather the recovered cash belongs to the petitioner No-1 which he has withdrawn from Bandhan Bank and motorcycle belongs to his friend which he had parked in the house of the petitioner. The petitioners are languishing in judicial custody since 22.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Patna High Court CR. MISC. No.53837 of 2023(2) dt.28-08-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Forbesganj P.S. Case No. 243 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Araria.

(Sunil Kumar Panwar, J) Manishkumar/- U T