Brahmdeo Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45695 of 2017 Arising Out of PS. Case No.-31 Year-2017 Thana- HARPUR District- Munger ====================================================== 1.

Brahmdeo Mandal, Son of Late Lakshman Mandal, 2.

Raju Mandal Son of Sri Brahmdeo Mandal, Both R/o VillageDurmatha, P.S.- Harpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr. AKHILESHWAR DAYAL, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 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 and 201/34 of the Indian Penal Code.

The prosecution case, in short, is that on 6.6.2017 the informant received information on his mobile by the family members that his brother has been killed and dead body is kept in a Shiva Temple. Then he reached there and came to know that the deceased had gone to distribute 'Prasad' but did not return back. Next day, his dead body was seen in the Temple by the villagers and family members.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.45695 of 2017(2) dt.03-10-2017 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. There is no eye witness to 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 six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger in connection with Harpur P.S. case No.31 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T