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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70187 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== RAJESH MANDAL @ RAJESH KUMAR MANDAL Son of Bhalaji Mandal Resident of Village - Majreth, P.S.- Singheshwar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Sinha, Advocate For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Raghopur P.S. Case No. 107/2020 registered for the offences punishable under Section 394 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

The prosecution case, as per the First Information Report, is that four persons, riding on two motorcycles, intercepted the informant and looted away a sum of Rs.5,00,000/- on gun-point and also fired, due to which the staff of the informant, namely, Baijnath Sah, received bullet injury on his neck.

Patna High Court CR. MISC. No.70187 of 2021(3) dt.12-05-2022 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Dinesh Sah, Sujit Kumar and others. He further submits that no incriminating materials or looted cash has been recovered from possession of the petitioner. The petitioner has not been put on Test Identification Parade. He next submits that out of eight accused persons, six have been acquitted in the trial. The petitioner is in custody since 16.8.2021 and the trial of the petitioner has been splitted and the same is pending.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that petitioner has got no criminal antecedents of similar nature of offence, I am inclined to grant regular bail to the petitioner after completion of one year in custody.

Accordingly, let the petitioner, above named, be released on regular bail, after completion of one year in custody, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.70187 of 2021(3) dt.12-05-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Birpur, Supaul, in connection with Raghopur P.S. Case No. 107/2020.

(Anil Kumar Sinha, J) S.Ali/- U T