Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57059 of 2017 Arising Out of PS.Case No. -260 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Chandan Mandal, Son of Chandrashekhar Mandal, resident of VillageSalaunachak, P.S.- Lakhisarai, Distt.- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 260/2017 dated 22.06.2017 instituted for the offences under Sections 302, 201, 120B and 34 of the Indian Penal Code.

The informant, who is the wife of the deceased, has alleged that on 20.06.2017 when her husband had gone out of the house on a tractor, the petitioner and others were heard saying that her husband shall be killed. After about two days, i.e. on 22.06.2017, the dead body of the deceased was found from a field. From looking at the dead body, it appeared that he had been killed by strangulation. The informant has raised suspicion on the petitioner and others, who all happen to be her neighbours. It has

Patna High Court Cr.Misc. No.57059 of 2017 (2) dt.06-12-2017 2/2 been alleged that because of some old dispute with the petitioner and others, they have been named in the F.I.R. Learned counsel for the petitioner has submitted that apart from the vague statement of the wife of the deceased that she had heard the petitioner and others saying that her husband would be killed, there is no other material to connect the petitioner with the crime. There is no eye-witness to the occurrence. The petitioner is stated to be in custody since 03.08.2017 and he does not have any criminal antecedent. Considering the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 260/2017.

(Ashutosh Kumar, J.) Rakhi U T