Lakhan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15330 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== LAKHAN MANDAL Son of Kshetish Mandal Resident of Village - Hasopara, P.S.- Azamnagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case in brief is that in one early morning father of the informant went to defecate but he did not return. Thereafter, his dead body was found hanging with a tree. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-11-2019. Charge sheet has already been submitted. The name of the petitioner is being suspected in this case merely on the basis of previous enmity. Except for suspicion, there is no other substantive evidence to

Patna High Court CR. MISC. No.15330 of 2020(2) dt.03-03-2020 2/2 suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case No. 299 of 2019.

(Sudhir Singh, J) A.K.V.//- U T