Sanjay Kumar Singh @ Sanjay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31132 of 2022 Arising Out of PS. Case No.-3 Year-2018 Thana- EKCHARI District- Bhagalpur ====================================================== SANJAY KUMAR SINGH @ SANJAY KUMAR MANDAL SON OF DHURI PRASAD SINGH @ DHURI MANDAL R/O VILLAGEKHAWASPUR NORTH TOLA, P.S.- EKCHARI, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

Allegation against the petitioner is that he along with other co-accused person is said to have shot the son of the informant due to which he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.31132 of 2022(4) dt.16-02-2023 2/3 case. He further submits that the occurrence took place on 16.02.2018 and FIR lodged on 19.02.2018. He submits that there is delay of three days in filing of the present FIR and there is no any explanation of it which creates serious doubt about the prosecution case. He further submits that the inquest was prepared on 17.02.2018 at 11:00 A.M. One Shashi Kant Mandal, the son of the informant is one of the witnesses of the inquest report, but at that time they have not decided to implicate whom that is why the first informant report was not lodged on 17.02.2018 by the brother of the deceased.

He submits that in the statement of the brother of the deceased it appears that deceased Manoj Mandal was in love with Rekha Kumari daughter of Mahendra Das and Rekha Kumari was living in the house of her mama, namely, Indradeep Mandal from her childhood. He further submits that the marriage of Rekha Kumari was fixed in the month of April, 2017 with another boy and marriage was going to perform in the month of June, 2017 then Manoj Mandal informed the bride side that is why her marriage was broken, that is why the family members of the Rekha Kumari killed Manoj Mandal. He further submits that there is no eye witness supported the prosecution case.

Patna High Court CR. MISC. No.31132 of 2022(4) dt.16-02-2023 3/3 stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that FIR was lodged after post-mortem report, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ekchari P.S. Case No.03/2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T