Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85889 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Shankar Mandal Son Of Yogendra Mandal Resident Of Laxminiya, P.S. - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 397 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, it is alleged that the FIR named accused persons along with some unknown intercepted the informant and co-accused Amrendra Kumar and Chandan Kumar fired upon the informant due to which he sustained injury. Thereafter, the accused persons took away motorcycle, ATM card as well as PAN card of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR. His name was transpired in this

Patna High Court CR. MISC. No.85889 of 2023(2) dt.11-01-2024 2/2 case on the basis of confessional statement of co-accused Kanhaiya Chaudhary. No any specific overt-act attributed against this petitioner. Specific allegation of firing has been made against FIR named accused Amrendra and Chandan. No any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 22.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 37 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Supaul.

(Sunil Kumar Panwar, J) Amandeep/- U T