Manish Mandal @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70791 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Manish Mandal @ Manish Kumar S/o Kamlesh Mandal R/o VillageGopalpur Ward No.12, P.S.- Sursand, Dist.- Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Santosh Kumar For the Opposite Party :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sursand P.S. Case No. 191/2024 dated 22.04.2024 registered for the offence punishable u/s 364A read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abducted the informant's son on the point of pistol and demanded ransom as Rs. 20,000/-. Further, they threatened the informant to pay the said amount otherwise they would kill her son.
Patna High Court CR. MISC. No.70791 of 2024(2) dt.07-10-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the said motorcycle. The petitioner has no concern with the alleged occurrence. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the police recovered the victim in the night along with the petitioner and the co-accused person. As per para. 14 of the case diary, the petitioner in his confessional statement has stated that he was involved in the said occurrence and on the basis of the confessional statement of the petitioner, the said Appache motorcycle, which was used for committing the crime was recovered from the house of the co-accused Raunak Mandal.
6.
Considering the aforesaid facts and circumstances of the case as well as the gravity of offence against the petitioner, this Court is not inclined to grant bail
Patna High Court CR. MISC. No.70791 of 2024(2) dt.07-10-2024 3/3 to the petitioner and the same is rejected in connection with Sursand P.S. Case No. 191/2024 pending in the court of learned S.D.J.M, Pupri, Sitamarhi.
7. This application stands rejected.
(Chandra Prakash Singh, J) atul/- U T