Ajay Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27411 of 2025 Arising Out of PS. Case No.-70 Year-2024 Thana- Rangara District- Bhagalpur ====================================================== Ajay Mandal Son of Vimal Mandal Resident of village - Shermari, Police Station - Kursela, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-05-2025 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Aditya Narayan Singh, learned APP for the State.
2. Petitioner seeks regular bail in connection with Rangra P.S. Case No. 70 of 2024 dated 14.08.2024 registered for the offences punishable under sections 140(1), read with Section 3(5) of the Bhartiya Nyaya Sanhita.
3. The main submissions advanced by petitioner's counsel are that as per the allegation, the informant's husband was abducted by this petitioner and other co-accused persons but the said allegation is completely false and a false story has been fabricated by the prosecution party on account of enmity running in between both the parties and prior to the incident of the present case, the informant's side had lodged several cases against the
Patna High Court CR. MISC. No.27411 of 2025(2) dt.07-05-2025 2/3 petitioner and his family members bearing Kursela P.S. Case No. 102 of 2019, Kursela P.S. Case No. 174 of 2018 and Kursela P.S. Case No. 341 of 2022 and all these cases were found false and in this regard, specific statement has been made in paragraph 14 of the petition and so far as the allegation made in the present matter is concerned, the so-called victim himself appeared on the same date of the alleged occurrence and he was not recovered by the police which in itself is sufficient to falsify the prosecution's allegation and shows the fabrication of a false story of abduction. It is lastly submitted that the petitioner has been languishing in jail since 01.12.2024 and against him the investigation has been completed and in Kursela P.S. Case No.
219/2019 which was instituted by one Tuntun Mandal, a relative of this petitioner, the victim of the present matter was chargesheeted as an accused and during the course of investigation the police could not have established the place where the victim was allegedly kept after abduction.
4. Learned APP for the State has opposed the prayer of the petitioner.
5. Considering the facts and circumstances of this case as well as aforesaid submissions advanced by the petitioner's counsel and mainly the several cases having been lodged against the petitioner and his family members prior to the institution of the
Patna High Court CR. MISC. No.27411 of 2025(2) dt.07-05-2025 3/3 FIR of the present matter by the prosecution party which were found false by the police as stated above and also coupled with the custody period of the petitioner and completion of investigation against him, this court is inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Rangra P.S. Case No. 70 of 2024.
(Shailendra Singh, J) siddharthkr/- U T