Patna High CourtCR. MISC./7620/2024dismissed

Nandan Mandal @ Nandan Kumar v. The State Of Bihar

2024-04-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7620 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== NANDAN MANDAL @ NANDAN KUMAR S/O DEV NARAYAN MANDAL R/O VILLAGE- BISHANPUR BAHADUR WARD NO. 02, P.SBANMANKHI, DISTT.- PURNEA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Banmankhi P.S. Case No. 213 of 2023 registered for the offence punishable under Sections 302/201 of the Indian Penal Code. The petitioner is in custody since 17.05.2023.

3. Deadbody of an unknown deceased was recovered. The F.I.R. was registered on the statement of the Chowkidar. Subsequently, another case was filed by the brother of the deceased saying that the petitioner and other had kidnapped the victim. Subsequently, the deadbody was recovered. Both the cases have been amalgamated.

4. Learned counsel for the petitioner submits that there is no material against the petitioner and there is no material to support the fact that the deceased was killed by the

Patna High Court CR. MISC. No.7620 of 2024(3) dt.16-04-2024 2/2 petitioner.

5. Learned counsel for the Informant and learned Additional Public Prosecutor appearing on behalf of the State have vehemently opposed the prayer for bail and have submitted that the police during investigation have found the location of the mobile of the deceased as well as petitioner at the same place. The petitioner has confessed that he has killed the deceased.

6. Learned counsel for the petitioner submits that the mobile numbers mentioned in the investigation do not tally with the mobile numbers which have been mentioned in the paragraph No. 31 of the case diary.

7. Having considered the submissions of the parties and having considering the fact that the petitioner is named in the second F.I.R. and his complicity has been found in the murder by the police and chargesheet has been submitted, this application is dismissed.

8. The trial Court is directed to expedite the trial.

9. The petitioner may renew his prayer for bail if trial is delayed.

(Sandeep Kumar, J) Saif/- U T