Krishnandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58116 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Krishnandan Mandal Son Of Natho Mandal Village- Dakra, Satkhajuria, PsNaya Ram Nagar, Dist- Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

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

The petitioner has prayed for regular bail in a case registered for the offence punishable u/s 394 of IPC subsequently Sections 395, 412 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. As per prosecution case, the allegation against four unknown miscreants is that they assaulted the informant and looted total cash Rs. 4,50,000/- and fled away. It is further alleged that on the basis of confessional statement the petitioner was apprehended and from his possession one country made pistol and four live cartridges were recovered.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58116 of 2023(2) dt.01-09-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR and he has no concern with the alleged recovery. It is further submitted that the no looted money has been recovered from his conscious possession. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.03.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Lakhisarai P.S. Case No. 163 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 concerned Court. (Sunil Kumar Panwar, J) Manishkumar/- U T

Patna High Court CR. MISC. No.58116 of 2023(2) dt.01-09-2023 3/3