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Patna High CourtCR. MISC./24248/2022bail granted

Mukesh Mandal @ Mukesh Kumar v. The State Of Bihar

2023-01-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24248 of 2022 Arising Out of PS. Case No.-247 Year-2021 Thana- BARARI District- Katihar ====================================================== MUKESH MANDAL @ MUKESH KUMAR Son of Musai Mandal Resident of Village - Madhubani, Sakraili, P.S. - Barari, District- katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that her son was having a love affair with the daughter of one Sankar Mandal. Both Sankar Mandal and the petitioner herein who happens to be the son in law of Shankar Mandal had threatened the informant's son that he would be killed if he continued with the relationship. Subsequently his dead body was found hanging from a tree.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No

Patna High Court CR. MISC. No.24248 of 2022(3) dt.12-01-2023 2/2 material has transpired in course of investigation to connect the petitioner with the alleged crime. The case of the petitioner stands on a similar footing to that of co-accused Shankar Mandal who has been enlarged on bail vide order dated 1.9.2022 passed in Cr. Misc. no. 27478 of 2022. The petitioner is in custody since 11.2.2022 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, grant of bail to the above mentioned coaccused Shankar Mandal and the petitioner having remained in custody for 11 months since 11.2.2022, the Court directs the petitioner to be enlarged on bail in connection with Barari (Semapur) P.S. Case no. 247 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-VI, Katihar, District Katihar.

(Partha Sarthy, J) Prakash/- U