Ajit Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5175 of 2016 Arising Out of PS.Case No. -187 Year- 2015 Thana -KASIMBAZAR District- MUNGER ======================================================
1. Ajit Kumar Mandal, Son of Sushil Mandal, resident of Halimpur, P.S.- Naya Ramnagar, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Sinha For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under sections 302,201/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly husband of the informant was shot dead by some unknown person. During investigation on the basis of information furnished by the police spy, name of the petitioner transpired and he confessed his guilt.
Submission is of false implication, there is no legal and tangible material against the petitioner, the alleged confessional statement made before the police has got no evidentiary value in the eye of law, the police has got recorded statement of some of the witnesses later on only with a view to
Patna High Court Cr.Misc. No.5175 of 2016 (5) dt.12-04-2016 implicate the petitioner and others and, as such, the petitioner, who is suffering in custody since 06.11.2015 deservers sympathetic consideration.
Learned A.P.P opposed the prayer by submitting that the deceased was last seen with Nitesh Kumar who had come to take back money and had caused threat and Nitesh Kumar is the fast friend of the petitioner resulting the deceased was killed by the petitioner and others.
In the facts and circumstances stated above and considering that charge-sheet has already been submitted and that there is no chance of tampering with the prosecution evidence, the petitioner above named 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 Chief Judicial Magistrate, Munger in connection with Kasimbazar P.S. Case No. 187 of 2015.
(Jitendra Mohan Sharma, J) Amin/-