Jai Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54052 of 2022 Arising Out of PS. Case No.-136 Year-2020 Thana- ANDHRAMATH District- Madhubani ====================================================== Jai Prakash Mandal S/O Vinod Mandal R/O Village- Bangama, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons assaulted the informant and looted his motorcycle, mobile and Rs. 4,500/- from his pocket.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.54052 of 2022(2) dt.16-01-2023 2/3 falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 07.04.2022. the petitioner is not named in F.I.R. and the name of petitioner sprang up in this case on the basis of confessional statement of co-accused, namely, Sanjay Kumar Saha. Petitioner has not been put up on T.I.P and there is no consistent and direct material against the petitioner in commission of this offence. It is submitted that similarly situated co-accused persons have been granted Bail vide order dated 16.07.2021 and 29.01.2022 passed in Cr. Misc. No. 15020 of 2021 & 41144 of 2021, by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection

Patna High Court CR. MISC. No.54052 of 2022(2) dt.16-01-2023 3/3 with Andhramath P.S. Case No. 136 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 Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani.

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