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Patna High CourtCR. MISC./317/2024allowed

Pankaj Kumar Mandal @ Pankaj Kumar Bharti v. The State Of Bihar

2024-02-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.317 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- NIRMALI District- Supaul ====================================================== PANKAJ KUMAR MANDAL @ PANKAJ KUMAR BHARTI SON OF RAM SEWAK MANDAL RESIDENT OF VILLAGE - BELHI, WARD NO.01, P.S. - SUPAUL NADI, DISTRICT - SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 411, 413, 34 of the IPC. 3.

Allegation against the petitioner is that he is keeping stolen motorcycle and during police raid, he fled away from the spot and two persons were apprehended who took the name of petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Though the stolen motorcycle

Patna High Court CR. MISC. No.317 of 2024(2) dt.06-02-2024 2/2 has been recovered but the same has not been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nirmali P.S. Case No.157 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T