Sudhir Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86005 of 2019 Arising Out of PS. Case No.-807 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sudhir Mandal (M) aged about 20 years, Son of Late Jagdish Mandal Resident of Village - Pirgaura, P.S. and District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

18-03-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Lakhisarai (Kabaiya) P.S. Case No. 807 of 2019 registered for the offence under Sections 406/420/34 of the Indian Penal Code and Section 37(b) of Bihar Prohibition and Excise Act, 2016.

As per F.I.R., it is alleged that the petitioner cheated informant by giving her a fake gold biscuit and in lieu thereof, he took Rs. 50,000/- (fifty thousand) and ear ring from the informant.

It is submitted on behalf of petitioner that petitioner has committed no offence and has falsely been implicated in this case. It is further submitted that as per prosecution case, the alleged occurrence has taken place on 23-10-2019, but the F.I.R. was lodged belatedly on 10-11-2019 and there is no explanation

Patna High Court CR. MISC. No.86005 of 2019(3) dt.18-03-2020 2/2 for that. It is submitted that the person, who had purchased ear ring of informant, has already been granted bail by the court below itself. Petitioner is in custody since 10-11-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II cum Special Judge Excise, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 807 of 2019.

(Prabhat Kumar Singh, J.) anay U T