Damodar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48971 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -AMDABAD District- KATIHAR ====================================================== DAMODAR MANDAL Son of Late Kritibas Mandal resident of village - Gouri Kant Tola, Amdabad, Police Station Amdabad, District Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for grant of bail for offences punishable under Sections 302/34 of the Indian Penal Code. It is alleged in the written report that informant got information on 5.11.2015 at 5 P.M. from one unknown person that his father is lying unconscious at Budh Barhi Hatia Chowk, Durgapur. Informant with his son Vikram Mandal had gone there on motorcycle and saw his father lying, blood was oozing from his body below the right ear and red spot on his face. One Nitya Gopal Das told informant on query that Damodar Das and three/four other persons had assaulted his father with lathi, danda, fists and slaps. Informant took his father on motorcycle and proceeded for hospital but before he reached his house, his father died on the way.

Learned A.P.P. has pointed out that Nitya Gopal Das in his statement at para-13 of the case diary has stated that mere suspicion has been raised against the petitioner and

Patna High Court Cr.Misc. No.48971 of 2016 (3) dt.25-01-2017 2/2 similar statements have been made in paras-14, 15 and 24 of the case diary as mentioned in the order of the learned Sessions Judge. It appears from the impugned order that no specific overt act has been levelled against this petitioner and the post mortem report shows that cause of death is due to haemorrhage and shock caused by hard and blunt substance. Petitioner is in custody since 7.11.2015.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-Vth, Katihar, in connection with Sessions Trial no. 187 of 2016 arising out of Amdabad P.S. Case no. 134 of 2015 on condition that both the bailors shall be close relatives of the petitioner.

(Sanjay Priya, J) sudip/- U T