Patna High CourtCR. MISC./85948/2023bail granted

Navin Mandal @ Ashik Raj v. The State Of Bihar

2024-04-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85948 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- BIHARIGANJ District- Madhepura ====================================================== Navin Mandal @ Ashik Raj S/O NAWAL KISHORE MANDAL @ RAJEEV MANDAL @ RAJEEV RANJAN MANDAL VILLAGE- SARAUNI KALA, WARD NO. 02, PS. BIHARIGANJ, DIST. MADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihariganj P.S. Case no. 115 of 2022 registered under sections 379, 323, 341, 385, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he was going along with one another, 8 to 10 accused persons stopped him, abused and assaulted him and dispossessed him of various articles including cash, mobile phone, silver chain etc. The informant further states that he gave information to the owner of the tractor. On enquiry, it transpired that it was the petitioner who along with his friends had given effect to the occurrence.

Patna High Court CR. MISC. No.85948 of 2023(4) dt.16-04-2024 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No such occurrence has taken place nor any incriminating article has been recovered from his possession. The petitioner is in custody since 25.5.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., his being in custody for over 10 months since 25.5.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bihariganj P.S. Case no. 115 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura.

(Partha Sarthy, J) Bibhash U T