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Patna High CourtCR. MISC./58542/2023allowed

Kargil Mandal @ Bhupesh Kumar v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58542 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Kargil Mandal @ Bhupesh Kumar Son Of Late Sonchu Mandal Resident Of Village Navtolia Bochahi Ps Gopalpur Distt Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, while the informant was returning after collecting cash of Rs. 86,700/-, in the meantime, some miscreants intercepted him and snatched aforesaid cash along with his motorcycle and mobile. Thereafter the accused persons fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR rather his name was transpired on the disclosure of

Patna High Court CR. MISC. No.58542 of 2023(2) dt.01-09-2023 2/2 spy during course of investigation. Neither the petitioner was put on TI Parade nor any looted material has been recovered from his conscious possession. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 4.6.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalpur P.S. Case No. 208 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 Addl. District & Sessions Judge Naugachia, DistrictBhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T