Bouku Mandal v. The State Of Bihar
Patna High Court Cr.Misc. No.32870 of 2015 (3) dt.10-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32870 of 2015 Arising Out of PS.Case No. -402 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ======================================================
1. Bouku Mandal Son of Amoshi Mandal all resident of Village- Talia Bathan , P.s Pasraha, District Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case registered for the offences punishable under sections 363, 365 of the I.P.C. and later on section 364, 302, 201/34 I.P.C. was also added. The petitioner is not named in the first information report. During investigation co-accused Pawan Mandal and the petitioner were arrested and both confessed their guilt. On the basis of confessional statement the dead body of Arbind Mandal was recovered.
Submission is of false implication and that after recovery of the dead body the confessional statement of petitioner was recorded after adopting 3rd degree method. Similarly situated
Patna High Court Cr.Misc. No.32870 of 2015 (3) dt.10-11-2015 co-accused Pawan Mandal ahs been allowed bail vide Cri. Misc. No. 31736 of 2015 by order dated 13.08 .2015 and the petitioner is suffering in custody since 14.3.2015 having no criminal antecedent.
Learned A.P.P. is not in a position to distinguish the case of the petitioner from co-accused Pawan Mandal. In the facts and circumstances stated above and considering the case of the petitioner similar to that of co-accused Pawan Mandal, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M, Naugachia Bhagalpur in Gopalpur (Rangra) P.S. Case no. 402 of 2014, subject to the conditions that one of the bailor must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) M.Rahman/- U T