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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67726 of 2021 Arising Out of PS. Case No.-91 Year-2021 Thana- JOKIHAT District- Araria ====================================================== Bablu Kumar Mandal @ Bablu Mandal, Son Of Anandi Mandal Resident Of Village - Thengapur, P.S.- Jokihat, Distt.- Araria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 18.03.2021, charge-sheet has been submitted in this case and has antecedent of one case. The learned counsel for the petitioner further submits that the informant alleges that on 01.03.2021, he along with his family members had gone to his sister's house leaving the responsibility of the house on staff namely, Ajay Yadav. Later on, the informant was informed about the theft committed in his house. Accordingly, when the informant came back and found

Patna High Court CR. MISC. No.67726 of 2021(2) dt.20-04-2022 2/3 Rs.5 Lacs as well as jewellery along with other articles as detailed in the F.I.R. missing. Thus, alleges that the theft was committed by Ajay Yadav and the petitioner.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is submitted that petitioner was earlier working with the informant in his house, but later, he had left his job. It is also submitted that from perusal of the allegation, it would manifest that the responsibility of the house was on Ajay Yadav and even the theft article were recovered from the house of the in-laws of the family. The learned counsel submits that as far as recovery of article from the house of this petitioner is concerned, the said article belongs to the petitioner and are common household articles and jewellery. The learned counsel further submits that it absolutely does not stand to reason that as to how the informant named the petitioner in the occurrence when his name was disclosed by Ajay Yadav.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and in the nature of allegation as alleged in the F.I.R. and taking into consideration the submissions made by the learned counsel for the petitioner,

Patna High Court CR. MISC. No.67726 of 2021(2) dt.20-04-2022 3/3 the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jokihat P. S. Case No.91 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T