Mandal Banjara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69129 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== MANDAL BANJARA S/o Late Harichandra Banjara R/v- Jurabganj, P.S.- Kodha, District- Katihar (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Haspura P.S. Case No. 117 of 2021, registered for the offences punishable under Section 392 of the IPC. As per allegation, some unknown criminals, after snatching the bag of the informant, fled away by a motorcycle. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case, only on the basis of his confessional statement. Nothing was recovered from his possession. No. T.I.P. has been done. The petitioner was remanded from another case. Except confessional statement of the petitioner and criminal antecedents, mentioned in paragraph no. 3 of the bail petition,

Patna High Court CR. MISC. No.69129 of 2022(3) dt.17-04-2023 2/2 there is nothing against him. The petitioner is under custody since 02.07.2022.

On the other hand, the learned APP, Sri J.N. Thakur has opposed the prayer for bail.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 117 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T