Subodh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86065 of 2023 Arising Out of PS. Case No.-303 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== Subodh Mandal,son of Prasadi Mandal Resident of Village- Kodra Bhitta Athgama P.S.- Bihpur District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Prasad, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bihpur P.S. Case No. 303 of 2021 for the offences registered under Sections 384, 387, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, on 15.07.2021, when construction work was going on in village Panchayat Baikatpur Dudhaila petitioner along with other accused persons armed with weapon came and demanded Rs. 5 lacs as ransom. The accused persons assaulted Prem Kumar and also made firing and snatched mobile phone of Abhishek Mandal.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.86065 of 2023(2) dt.16-01-2024 2/2 case. Nothing has been recovered from his possession. Petitioner has one criminal antecedent in which he is on bail. He is in custody since 05.09.2023. It is further submitted that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court, vide order dated 26.09.2022 passed in Cr. Misc. No. 37182 of 2022, order dated 24.02.2023 passed in Cr. Misc. No. 67139 of 2022 and order dated 20.03.2023 passed in Cr. Misc. No. 69406 of 2022.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Bihpur P.S. Case No. 303 of 2021. (Sunil Dutta Mishra, J) rakhi/- U T