Suro Mandal @ Suresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53106 of 2016 Arising Out of PS.Case No. -1 Year- 2001 Thana -RANIGANJ District- ARRARIA ======================================================

1. Suro Mandal @ Suresh Mandal, son of late Chet Narain Mandal, resident of Village- Kathuwa, Police Station- Bousi, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Makardhwaj Upadhyay, Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Raniganj (Bousi) P.S. Case No.01 of 2001 instituted for the offence under Section(s) 302/34 Indian Penal Code.

It is alleged that the husband of the Informant was taken by co-accused Yogendra Sharma on the New Year eve. He did not return till evening. The Informant enquired and learnt that he was taking drink with Yogendra Sharma and with this petitioner. She has suspicion that the petitioner and others have committed murder of her husband.

It has been submitted on behalf of the petitioner that the police after investigation submitted Final From against this

Patna High Court Cr.Misc. No.53106 of 2016 (3) dt.17-01-2017 2/2 petitioner as lack of evidence but the learned Chief Judicial Magistrate after perusing the Case Diary took cognizance against this petitioner for the offence under Section 302 Indian Penal Code, which do finds mention in the impugned order of the learned Sessions Judge.

Learned APP has submitted by pointing out different paragraphs of the Case Diary that it is a case of last seen. The witnesses have mainly stated that they have seen this petitioner along with the deceased. Besides this, there is no other material against the petitioner, who is in custody since 08.10.2016. In the circumstances, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Raniganj (Bousi) P.S. Case No.01 of 2001, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) JA/- U T