Srikant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85760 of 2024 Arising Out of PS. Case No.-152 Year-2017 Thana- BHAWANIPUR District- Purnia ====================================================== Srikant Mandal S/o Late Ghoghan Mandal R/o Village- Islampur, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate Mr. Kumar Dhananjay Singh, Advocate For the Opposite Party/s :

Mrs .Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bhawanipur (Akbarpur) P.S. Case No. 152 of 2017, lodged under Sections 364, 370, 34 of the Indian Penal Code.

3. As per the prosecution, in the FIR, allegation of kidnapping is there in the present petitioner along with others.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that petitioner has unnecessarily been made accused in the present case as he has nothing to do with the family of the other co-accused persons. Counsel submits that the case diary has been called for and in the case diary, there is no material found on the present petitioner. He also submits that antecedent of the petitioner is clean and petitioner is ready to fulfill all the

Patna High Court CR. MISC. No.85760 of 2024(3) dt.13-05-2025 2/2 conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that upon perusal of the case diary, particularly para-115, which transpires that the petitioner is living separately with the other accused persons. Subsequently, in the Supplementary case diary, para-197 it also transpires that they are living separately. It has been found that the victim's sister is still traceless but both family are living separately.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Purnea in connection with K. Bhawanipur (Akbarpur) P.S. Case No. 152 of 2017, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Sudhanshu/- U T