Madan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26589 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

MADAN MANDAL Son of Late Ram Kishun Mandal Resident of VillageBishpatti, P.S.- Alam Nagar, District- Madhepura. 2.

Amit Kumar @ Amit Mandal Son of Madan Mandal Resident of VillageBishpatti, P.S.- Alam Nagar, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 302, 201, 120(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.26589 of 2020(2) dt.05-11-2020 2/3 Prosecution case, in short, is that the accused persons committed murder of the brother of the informant by pressing his neck.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioners have falsely been implicated in the present case. The names of the petitioners have transpired in this case merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Neither there is any eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the alleged occurrence.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Uda-

Patna High Court CR. MISC. No.26589 of 2020(2) dt.05-11-2020 3/3 Kishunganj, Madhepura in connection with Alam Nagar P.S. case No.22 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T