Arjun Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71454 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Arjun Mandal, aged about 28 years, Gender-Male, Son Of Ramator Mandal, resident of Village- Kamlakund, Ward No.47, P.S.- Bihariganj, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-11-2023 Heard Mr. Bhola Prasad, learned counsel appearing on behalf of the petitioner and Ms. Pushpa Sinha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bhawanipur (Akbarpur) P.S. Case No. 208 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. Allegation is of snatching of one Vivo mobile phone and Rs. 5000/- from the informant. FIR is against unknown.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in

Patna High Court CR. MISC. No.71454 of 2023(2) dt.07-11-2023 2/3 the FIR. Name of the petitioner has surfaced on the basis of confessional statement of one co-accused Arun Kumar, who in police custody has taken the name of the petitioner, which has no evidentiary value in the eye of law. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard the rival submission made on behalf of the parties, as well as, the fact that the petitioner is not named in the FIR. Name of the petitioner has surfaced on the basis of confessional statement of one co-accused Arun Kumar, who in police custody has taken the name of the petitioner, which has no evidentiary value in the eye of law as per Section 25 of the Indian Evidence Act, 1872. Petitioner has clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.71454 of 2023(2) dt.07-11-2023 3/3 S.D.J.M., Purnia, in connection with Bhawanipur (Akbarpur) P.S. Case No. 208 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically. (Purnendu Singh, J) Niraj/- U T