Juthan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61565 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== JUTHAN MANDAL Son of Dilip Mandal R/o Lailakh, P.S. - Sabour, Distt. - Bhagalpur ... ... 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.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under section 396 of the Indian Penal Code and section 27 of the Arms Act.
3. As per allegation in the FIR, the informant alleged that some miscreants were committing loot in Monte Karlo Company and while doing so, one Subody Yadav was killed by ten unknown miscreants. Accordingly, the present case was lodged.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR. Only on the basis of confessional statement of co-accused Suman Kumar, the name of the petitioner has
Patna High Court CR. MISC. No.61565 of 2023(3) dt.10-11-2023 2/2 sprang up in the present case. No one is the eye witness of the alleged occurrence. Petitioner has not been put on TIP. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 51071. He has got no criminal antecedent and languishing in judicial custody since 6.4.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Sabour P.S. Case No. 189 of 2023.
(Sunil Kumar Panwar, J) sushma/- U