Suman Kumar Mandal @ Suman Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90259 of 2024 Arising Out of PS. Case No.-127 Year-2024 Thana- KURSAILA District- Katihar ====================================================== Suman Kumar Mandal @ Suman Mandal S/o Ayodhya Prasad Mandal R/o Vill - Balu Tola, P.S.- Kursela, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-02-2025 Heard Mr. Pawan Kumar Singh, learned counsel for the petitioner and Mr. Raj Kishor Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 14.07.2024 in connection with Kursela P.S. Case No. 127 of 2024, F.I.R. dated 13.07.2024 for the offences punishable under Section 309(4) of Bhartiya Nyaya Sanhita.
3. According to prosecution case, three miscreants intercepted the way of the informant and assaulted him and also looted his motorcycle and fled away.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the
Patna High Court CR. MISC. No.90259 of 2024(2) dt.05-02-2025 2/3 petitioner has been transpired during investigation on the basis of the statement recorded before the police and thereafter the police have recovered motorcycle in question on basis of the statement of the petitioner. He further submits that the confession made before the police is not admissible in the eye of law. He further submits that it appears from the seizure list that there is non compliance of Section 100 of the Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 14.07.2024.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and he is not named in the F.I.R, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 127 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.90259 of 2024(2) dt.05-02-2025 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T