Bajrangi Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31967 of 2023 Arising Out of PS. Case No.-164 Year-2022 Thana- GHOGHARDIHA District- Madhubani ====================================================== BAJRANGI MANDAL S/o Raghunath Mandal Residence of vill-Anand Nagar, Ghoghardiha, P.S.-Ghoghardiha, Dist-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120B of the Indian Penal Code.

According to the FIR, the informant alleged that some unknown persons came at her house and took away her fatherin-law namely, Laxhman Mandal outside and he did not return. After that, dead body of the father-in-law of the informant was recovered. The informant raised suspicion that FIR named accused persons are indulged in hatching conspiracy to commit murder of her father-in-law in connivance with others. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case on the basis of

Patna High Court CR. MISC. No.31967 of 2023(3) dt.27-07-2023 2/3 suspicion. It is further submitted that earlier the petitioner is not named in the FIR but during course of investigation, the informant of this case has turned into accused by the I.O. and her statement was recorded wherein, she confessed her guilt and named the petitioner as an accused. The informant/co-accused stated that she was in love affairs with the petitioner and when the deceased saw them in objectionable condition thereafter she along with this petitioner committed murder of her father-in-law but her confessional statement is not admissible in the eye of law. Except confession, no any consistent material has come against the petitioner. There is also not eye witness of the alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 23.1.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghoghardiha P.S. Case No.

Patna High Court CR. MISC. No.31967 of 2023(3) dt.27-07-2023 3/3 164 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U T