Panchu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11358 of 2022 Arising Out of PS. Case No.-612 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Panchu Mandal Son of Late Brijlal Mandal @ Balli Mandal Resident of Village - Desari Mahespur, P.s.- Kahalgaon, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kahalgaon P.S. Case No. 612 of 2019 registered for the offence under Sections 302, 201, 34 and 120 B of the I.P.C.

The accused/petitioner is named in the F.I.R. and is in custody since 28.07.2021.

The allegation against the petitioner is to commit murder of son of the informant alongwith other co-accused persons by pressing his neck due to previous enmities.

Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of the occurrence and implication is purely based upon suspicion, where nothing surfaced during the course of investigation to connect this petitioner, prima

Patna High Court CR. MISC. No.11358 of 2022(3) dt.29-11-2022 2/2 facie, with present set of occurrence. It is further submitted that the similarly situated co-accused person has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 33821 of 2020 vide order dated 22.12.2020. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except suspicion nothing surfaced to connect this petitioner, prima facie, with the present set of occurrence coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kahalgaon P.S. Case No. 612 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned IV. Additional District and Sessions Judge, Bhagalpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T