Bablu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23938 of 2015 Arising Out of PS.Case No. -132 Year- 2014 Thana -GOGRI District- KHAGARIA ====================================================== Bablu Mandal Son of Kedar Mandal @ Kedar Singh resident of Village - Akania, P.S. Mansi, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Sanjay Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Section 395 of the Indian Penal Code.

The prosecution case in, brief, is that on 6.7.2014 at about 9.45 A.M. the informant closed his shop and returning his house by cycle. By 10 P.M. he reached near Dukha Tola, Bagicha (orchard). In the meantime 5 to 6 unknown persons surrounded him and taken him in orchard and they have snatched Rs. 500/- and one Role Gold Chain and one mobile with two Sims. It is further alleged that miscreants tided his hands and legs. Thereafter miscreants also looted another cycle rider persons. It is further alleged that three persons also were going towards Maheshkut Durga Asthan by motorcycle. Then miscreants stopped the

Patna High Court Cr.Misc. No.23938 of 2015 (2) dt.06-07-2015 2/2 motorcycle and taken the key of motorcycle and started assaulting them, then ladies raising hulla ans started flee away towards Dukha Tola. On hulla villagers of Dukha Tola reached there but miscreants fled away towards Railway line and made one firing in air.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR nor any incriminating article has been recovered from his possession. It is further submitted that the petitioner was not put on T.I. Parade. The name of the petitioner has come in the present case on the basis of confessional statement of co-accusedMahant Yadav. It is further submitted that the petitioner is in custody since 14.03.2014. On behalf of the State it has been submitted that the name of petitioner has come in course of investigation. Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Second, Khagaria, in Gogri P.S.Case No. 132/2014.

(Sudhir Singh, J) singh/- U