Patna High CourtCR. MISC./22831/2025bail granted

Sanjay Kumar @ Sanjay Mandal v. The State Of Bihar

2025-07-23Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22831 of 2025 Arising Out of PS. Case No.-35 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== Sanjay Kumar @ Sanjay Mandal, aged about 41 years, (M), S/o- Jagdish Mandal, resident of Village- BhorKhath, PS-Pasraha, Dist- Kaggaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Pasraha PS Case No.35 of 2024 dated 17.02.2024, instituted for the offence punishable under Sections 302, 328, 120/34 of the Indian Penal Code in which charge-sheet has been submitted under Section 306/34 of the Indian Penal Code.

3. The allegation against the petitioner and others is of administering poison by mixing it in the food of the informant's son due to which his son died.

4. Learned counsel for the petitioner submits that the police after investigation has submitted charge-sheet under Section 306/34 of the Indian Penal Code. There is no specific overt act alleged against the petitioner. Only general and

Patna High Court CR. MISC. No.22831 of 2025(4) dt.23-07-2025 2/2 omnibus allegation has been levelled against all the accused. Further submission is that during investigation two sons of the deceased and one independent witness have not supported the prosecution case. There is no eye witness to the occurrence. Lastly, it is submitted that the petitioner is in custody since 16.11.2024 having clean antecedents. Charge-sheet has been submitted in the case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Khagaria, in Pasraha PS Case No.35 of 2024.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T