Patna High CourtCR. MISC./29056/2021bail granted

Chandan Kumar Mandal @ Chandan Mandal @ Chandradev Mandal v. The State Of Bihar

2021-12-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29056 of 2021 Arising Out of PS. Case No.-354 Year-2020 Thana- AMARPUR District- Banka ====================================================== CHANDAN KUMAR MANDAL @ CHANDAN MANDAL @ CHANDRADEV MANDAL S/O CHATURDEV MANDAL R/o villageMansarpur, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 328 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that while working in the agriculture field, he as also his bhabhi had food brought by her and soon thereafter she became unwell. She was taken to the hospital where she died in course of treatment.

It is submitted by learned counsel for the petitioner that the petitioner who happens to be the husband of the deceased and full brother of the informant has been falsely implicated in the case for oblique reasons as there was some

Patna High Court CR. MISC. No.29056 of 2021(3) dt.21-12-2021 2/2 relationship between the informant and the deceased. The allegations levelled in the F.I.R. have not been found to be proved in so far as chargesheet has been submitted in the case under section 306 of the Indian Panel Code. The petitioner is in custody since 31.12.2020 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner being in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Amarpur. P.S. Case no. 354 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 3rd, Banka, District Banka.

(Partha Sarthy, J) Bibhash/- U