Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54135 of 2017 Arising Out of PS.Case No. -307 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Raj Kumar Mandal Son of Baleshwar Mandal Resident of VillageBhagkohaliya , Ward No. 3, P.S. Forbesganj, District Araria, Bihar. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 307 of 2017 registered under Section 379/411 of the Indian Penal Code.

As per the prosecution case, the petitioner along with Shashi Kumar Mandal are said to have stolen the motorcycle of the informant and the said motorcycle was found parked in the garage of the Ejajul. Petitioner and Shashi Kumar Mandal were arrested by the locals after chase while Ejajul managed to escape. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. The allegation against the petitioner is not specific rather general and omnibus in nature.

Patna High Court Cr.Misc. No.54135 of 2017 (02) dt.13-12-2017 - 2 - The motorcycle in question was not recovered from the conscious physical possession of the petitioner rather from the garage of the Ejajul and the said Ejajul has been granted bail by this court in Cr. Misc. No.32421 of 2017 vide order dated 13.07.2017 and the similarly situated co-accused Shashi Kumar Manl has also been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.49389 of 2017 vide order dated 18.10.2017. The petitioner has been languishing in custody since 05.05.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No.307 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T