Bijay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55040 of 2016 Arising Out of PS.Case No. -164 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Bijay Mandal S/o Late Bhudeo Mandal Resident of Village-Pakki Sarai P.S. Ghogha District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State on application for bail filed by the petitioner in Pirpainty P.S.Case No.164 of 2016 under Section 394 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR and his name came only in the confessional statement of the co-accused. It has further been submitted that the no TIP has been held and nothing has been recovered from the possession of the petitioner as well as he is in custody since 8.10.2016.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the case diary is not available before this Court as such, let the

Patna High Court Cr.Misc. No.55040 of 2016 (2) dt.22-12-2016 2/2 petitioner move before the court below again and the court below will examine the case diary after examining the case diary, if the above submission of the petitioner will be found true, he will release the petitioner on bail on its own satisfaction, otherwise may pass any order as he thinks proper on the merit of the case. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U