← Library
Patna High CourtCR. MISC./4297/2023allowed

Rajiv Mandal @ Rajeev Kr. Mandal @ Sumna @ Rajeev Kumar v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4297 of 2023 Arising Out of PS. Case No.-59 Year-2021 Thana- RANIGANJ District- Araria ====================================================== RAJIV MANDAL @ RAJEEV KR. MANDAL @ SUMNA @ RAJEEV KUMAR Son of Santosh Mandal R/o village - Laxmipur, Ward No.- 01, School Tola (Mandal Tola), P.S.- Raniganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

According to FIR, the petitioner in connivance with other accused persons committed murdered of the informant's husband namely, Syamdeo Swarnkar and thrown his dead body in maize filed which was subsequently, traced out. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. There is no eye witness of the alleged occurrence. During

Patna High Court CR. MISC. No.4297 of 2023(3) dt.19-06-2023 2/2 course of investigation, no any consistent material has come against the petitioner to show his involvement in the alleged occurrence. It is further submitted vide para-9 of the petition that the informant filed a protest petition in the Court of learned ACJM VI, Araria stating therein that fardbeyan has been written because of saying of her bhaisur namely, Balkrishna Swarnkar. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 21.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ranigannj P.S. Case No. 59 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM VI, Araria. (Sunil Kumar Panwar, J) Amandeep/- U T