Vibhash Mandal @ Bibhash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69480 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- PURAINI District- Madhepura ====================================================== VIBHASH MANDAL @ BIBHASH MANDAL Son of Late Shiv Mandal R/o village - Karama, P.S.- Puraini, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar For the Opposite Party/s :
Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.
3. As per the prosecution case, this petitioner along with other co-accused alleged to have stolen the tractor trolly of the informant and in course of search, the same was found near brick kiln of one Ramesh Jha.
4. It is submitted on behalf of the petitioner that informant is not an eye witness to the alleged occurrence and only on the basis of suspicion, the petitioner has been made accused in this case. The alleged stolen tractor trolly was recovered from brick kiln of one Ramesh Jha with whom
Patna High Court CR. MISC. No.69480 of 2023(2) dt.01-11-2023 2/2 petitioner has got no concern. Similarly situated co-accused namely Raja Kumar Sah @ Raja Sah @ Raju Kumar has been granted anticipatory bail vide Cr. Misc. No. 52509 of 2023 dated 23.08.2023 by a co-ordinate bench of this court. Petitioner claims clean antecedent.
5. Learned APP for the State vehemently opposed the prayer of bail.
6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 J.M. 1st Class, Udakishunganj, Madhepura/concerned court below in connection with Puraini P. S. Case No. 212 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shishir/- U T