Patna High CourtCR. MISC./23229/2023allowed

Mantu Mandal v. The State Of Bihar

2023-08-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23229 of 2023 Arising Out of PS. Case No.-93 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== MANTU MANDAL Son of Chicho Mandal @ Chichai Mandal Resident of village - Rampur Tilak, P.S.- Janki Nagar, District - Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

3. As per prosecution case, the informant suspects and alleged that the petitioner is indulged in hatching conspiracy to kill the his son namely, Shishu Kumar in connivance with others co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is no eye witness of the alleged occurrence rather only on the basis of suspicion, the petitioner has falsely been

Patna High Court CR. MISC. No.23229 of 2023(3) dt.10-08-2023 2/2 made accused in the present case. During course of investigation, no any consistent material has come against the petitioner except he was seen near the place of occurrence. It is also submitted that other co-accused persons of this case have already been granted anticipatory bail by a co-ordinate Bench of this Court. Moreover, the petitioner has got no criminal antecedent as stated in para-3 of the petition and he is languishing in judicial custody since 12.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Janki Nagar P.S. Case No. 93 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnia. (Sunil Kumar Panwar, J) Amandeep/- U T