Manoj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84361 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== MANOJ MANDAL SON OF YOGESHWAR MANDAL RESIDENT OF VILLAGE - GODHIYARI, P.S. - PHULPARAS, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dileep Kumar Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

3. As per prosecution case, a theft was committed in the house of the informant in which the cash, clothes, mobiles as also gold and silver ornaments were stolen.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. He is not named in the F.I.R. rather his name came in this case on the basis of confessional statement of co-accused Kanchan Devi which has no evidentiary

Patna High Court CR. MISC. No.84361 of 2023(2) dt.08-01-2024 2/2 value in the eye of law. Nothing has been recovered from his conscious possession. Except the confessional statement of coaccused no consistent evidence is available against the petitioner. The other co-accused persons have already been granted bail by another co-ordinate Bench of this court vide order dated 23.08.2023 passed in Cr. Misc. No. 53802 of 2023. Petitioner is languishing in judicial custody since 28.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C..J.M.-I, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 130 of 2023. (Sunil Kumar Panwar, J) lata/- U T