Manoj Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.27013 of 2015 (3) dt.07-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27013 of 2015 Arising Out of PS.Case No. -177 Year- 2009 Thana -SONO District- JAMUI ====================================================== MANOJ MANDAL, SON OF RAJENDRA MANDAL, RESIDENT OF VILLAGE - NAKI ( LOHCHI ), POLICE STATION - KHARAGPUR, DISTRICT - MUNGER .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sono P.S. Case No. 177 of 2009 (GR No. 2047A of 2009) registered under Sections 307 and 201/34 of the Indian Penal Code. After recovery of unknown two headless dead bodies, F.I.R. was lodged against unknown on the basis of written report of Chakidar.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but in course of investigation, one Nirmala Devi identified the one headless dead body on the basis of cloth as her son, Sonu Kumar, and gave her statement

Patna High Court Cr.Misc. No.27013 of 2015 (3) dt.07-10-2015 before the Investigating Officer to the effect that the mother of coaccused, Kailash Mandal, used to sell vegetables in front of her house and when she made protest the mother of Kailash Mandal gave threatening of dire consequences. It is further submitted that petitioner is one of the brother of co-accused, Kailash Mandal, due to that reason this petitioner has falsely been implicated in this case. It is further submitted that co-accused, Kailash Mandal, has already been granted privilege of bail by a Bench of this Court vide order dated 24.09.2015 passed in Criminal Misc. No. 44722 of 2015. It is further submitted that petitioner has no criminal antecedent and is in custody since 28.04.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Jamui, in connection with Sonu P.S. Case No. 177 of 2009 (G.R. No. 2047A of 2009). Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.