Dilip Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64730 of 2023 Arising Out of PS. Case No.-755 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== DILIP MANDAL S/O RAM AYODHYA MANDAL @ RAMA AYODHYA MANDAL R/O VILLAGE- RUNNI SAIDPUR, P.S- RUNNI SAIDPUR, DISTT.- SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 364A , 341 , 323 , 379, 120(B) and 34 of the Indian Penal Code.

3. As per FIR, father of the informant was kidnapped by two other co-accused persons namely Mithilesh Kumar and Ramjeevan Ram.

4. It is submitted on behalf of the petitioner that petitioner is not named in the FIR and his name has transpired during course of investigation on the confessional statement of co-accused Sanjeev Kumar. It is next submitted that victim in his statement under section 164 Cr. P . C ., has not named this

Patna High Court CR. MISC. No.64730 of 2023(3) dt.06-12-2023 2/2 petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the fact that petitioner is not named in the F.I.R., and also in the statement of the victim under section 164 Cr. P . C , in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate , 1st Class, Muzzaffarpur West in connection with Kanti P.S. case No. 755 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T