Balkrishna Kumar @ Gopal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20389 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- PIPRA District- Supaul ====================================================== Balkrishna Kumar @ Gopal Mandal Son Of Nasib Lal Mandal Resident Of Village-Kataiya Rahi (Ward No.-8), P.S.-Pipra, District-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that the husband of the informant was walking in front of his house, in the evening. When he did not return, informant began to search for him but he could not be traced out. In the morning, it came to know that dead body of her husband has been found near water level of

Patna High Court CR. MISC. No.20389 of 2023(2) dt.22-05-2023 2/3 Nahar. Informant raised strong suspicion that F.I.R named accused persons have killed her husband and concealed his dead body.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Avnesh Kumar @ Avinesh Kumar, Lalit Kumar and Shambhu Kumar. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. There is no eye witness to the occurrence. The petitioner is languishing in custody since 18.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.20389 of 2023(2) dt.22-05-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VI, Supaul in connection with Pipra P.S. Case No. 301 of 2022.

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