Sanjay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27134 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- ISMAILPUR District- Bhagalpur ====================================================== SANJAY MANDAL S/oLate Ramdhi Mandal Resident of village-Chhoti Parbatta, P.S.-Ismailpur, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 08.02.2023 in connection with Ismailpur P.S. Case No.163/2022, F.I.R. dated 12.12.2022, for the offences punishable under Sections 363, 364, 365, 34 of the IPC and later on Section 302 of the IPC was also added.

According to prosecution case, there is allegation against the petitioner that he has kidnapped the husband of the informant and thereafter killed him.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the FIR The name of the petitioner

Patna High Court CR. MISC. No.27134 of 2023(3) dt.21-06-2023 2/3 has been transpired during investigation on the confessional statement of the co-accused, namely, Bindeshwari Kapri and Ghanshyam Mandal. He further submits that there are seven accused persons named in the F.I.R. and there is no eyewitness of the alleged occurrence and except the confessional statement of the co-accused, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 08.02.2023. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri S.C.Nishad, J.M.1st Class, Naugachia in connection with Ismailpur P.S. Case No.163/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.27134 of 2023(3) dt.21-06-2023 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T