Patna High CourtCR. MISC./30884/2016bail granted

Moti Mandal v. The State Of Bihar

2016-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30884 of 2016 Arising Out of PS.Case No. -19 Year- 2011 Thana -SHAMBHUGANJ District- BANKA ====================================================== Moti Mandal, son of Chandra Mandal, resident of Village- Ghanshyam Chak, P.S. Sanhoula, District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Shambhuganj P.S. Case No. 19 of 2011 for the offences instituted under Sections 302 and 201/34 of the Indian Penal Code.

There is suspicion against the petitioner for committing murder of the deceased and concealing the dead body of the deceased into the Well, after strangulating his neck. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.30884 of 2016 (3) dt.14-09-2016 2/2 witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. His name has come on the basis of suspicion. There is no direct or indirect evidence against the petitioner. There is no eyewitness to the alleged occurrence. On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 19 of 2011.

(Sudhir Singh, J.) Amit/- U T