Lalo Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7437 of 2015 Arising Out of PS. Case No. -95 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ====================================================== Lalo Mandal Son of Lakshman Mandal Resident of village - Rangra, P.S. Rangra (Gopalpur), District - Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. S.D.Singh Yadav, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-03-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other section of the Indian Penal Code.

The petitioner is not named in the F.I.R. The informant lodged the case after recovery of the dead body of his brother Chandan Kumar. One blood-stained knife was also recovered from the place of occurrence.

It is submitted that the petitioner was apprehended and the police obtained his confessional statement, but the petitioner did not make any confessional statement, nor his statement was recorded under Section 164 of the Code of Criminal Procedure. Even the blood-stained knife was not recovered in pursuance of the confessional statement of the petitioner and the same was recovered at the time of recovery of the dead body of

Patna High Court Cr.Misc. No.7437 of 2015 (3) dt.25-03-2015 2/2 the deceased. The petitioner is in jail since 27.03.2014. The petitioner has already remained in jail for about a year. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned A.D.J. II, Naugachia, District Bhagalpur in S. T. No. 784/2014, arising out Gopalpur (Rangra) P.S. Case No. 95 of 2014 corresponding to G.R. No. 312/2014.

(Prabhat Kumar Jha, J) Dilip/- U T