Nitin Prabhakar @ Sanni Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15801 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Nitin Prabhakar @ Sanni Mandal S/O Yogendra Prasad Mandal Resident Of Shanti Nagar Tatma Toli, Suddin Chowk, P.S.- K. Hat (Maranga), DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner, learned counsel for the State and perused the case diary. The petitioner is in custody in a case registered for the offence punishable under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, petitioner and other accused persons committed the murder of the husband of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the name of the petitioner was disclosed on the basis of confessional statement of co-accused Bhola Das who has been granted regular bail by a Co-ordinate Bench of this

Patna High Court CR. MISC. No.15801 of 2022(3) dt.03-01-2023 2/2 Court passed in Cr. Misc. No. 4893 of 2022. The petitioner also confessed about the complicity of this offence which is not admissible in the eye of law and during investigation, no FSL report or any other verification for the purpose of this offence that this petitioner has committed such type of the offence and the CCTV footage has not verified properly by any agency. Petitioner is in judicial custody since 21.03.2021. Learned APP appearing for the State has opposed the prayer for regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. 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 the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Purnea in connection with K. Hat (Sahyak) P.S. Case No. 157 of 2021 arising out of Sessions Trial No. 285 of 2021.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T