Mukesh Kr. Mandal @ Mukesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28392 of 2018 Arising Out of PS.Case No. -67 Year- 2017 Thana -PALASI District- ARRARIA ====================================================== Mukesh Kr. Mandal @ Mukesh Kumar Mandal S/o Shiv Nairayan Mandal, R/o Vill.- Majlishpur P.S.- Palasi, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Palasi P.S. Case No. 67 of 2017 registered under Section 392 of the Indian Penal Code. Three motorcycle borne criminals are said to have looted the cash of Rs. 4 lacs and two mobiles of the informant. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus. He has been falsely implicated in the case at the instance of his enemies. No incriminating article has been recovered from his conscious physical possession. He is neither named in the F.I.R. not he was apprehended on the spot. He was

Patna High Court Cr.Misc. No.28392 of 2018 (2) dt.09-05-2018 2/2 not put on T.I.P. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 08.09.2017. Co-accused Md. Imtiyaz has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 20861 of 2018 vide order dated 27.04.2018.

In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-V, Araria in connection with Palasi P.S. Case No. 67 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T