Vikram Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48399 of 2014 Arising Out of PS.Case No. -17 Year- 2013 Thana -PARBATTA District- BHAGALPUR ====================================================== Vikram Mandal S/o Late Kapo Mandal @ Kapildeo Mandal Resident of Village Sakahara, P.S. Bariyarpur, District Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-03-2015 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 and 201/34 of the Indian Penal Code.
The case is based on circumstantial evidence. On 08.01.2013 the deceased had gone with his Jugar Gadi for earning but he did not return. On 16.01.2013 on information given by Mausi, the FIR was lodged against unknown. The dead body of the deceased was recovered near Parbata. Post mortem was conducted on the dead body and found asphyxia due to strangulation which is the cause of death. In course of investigation re-statement and the statement of other witnesses
Patna High Court Cr.Misc. No.48399 of 2014 (2) dt.04-03-2015 2/3 including that of Sagar Mandal ( brother-in-law of the petitioner) were recorded from where it appears that the petitioner along with three others were seen on Jugar Gadi. Apprehension has been raised against the petitioner. According to them they have criminal antecedent. So far petitioner is concerned, except the statements subsequently recorded in course of investigation indicating that he was seen on Juguar Gadi along with the deceased, there is no other incriminating evidence/material against the petitioner. The petitioner has no criminal antecedent and is languishing in custody since 17.08.2014.
Considering the submissions of the parties, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Naugachiya in Parbatta P.S.Case No. 17/2013, subject to the conditions:- (i) One of the bailors shall be the own/close family members of the petitioner.
(ii) The petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/ satisfactory reason, the bail bond of the petitioner
Patna High Court Cr.Misc. No.48399 of 2014 (2) dt.04-03-2015 3/3 shall be cancelled and thereafter the trial court will be at liberty to secure his arrest in accordance with law. (Kishore Kumar Mandal, J) singh/- U T