Nirmal Mandal @ Niro Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58299 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -BHAWANIPUR District- PURNIA ====================================================== Nirmal Mandal @ Niro Mandal, Son of Late Poshan Mandal, Resident of Village- Madhuwapur, P.S. Bhawanipur, District- Purnea. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate. For the Opposite Party : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 302 and 201/34 of the IPC. The prosecution story, in brief, is that on 30.03.2018 at about 3.30 P.M., the father of the informant, namely, Jawahar Lal Mandal had gone to participate in Ramdhuni but did not come back. On 31.03.2018 at about 6.00 A.M., the informant Nageshwar Mandal got information that his father is lying dead near Bamboo Clumps. The informant went there and saw his father. The informant saw injuries on the head and body of his father.

It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.58299 of 2018 (2) dt.18-09-2018 2/2 petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case in course of investigation. After a period of three months, the informant is said to have raised suspicion against the petitioner. Except for suspicion, there is no substantive evidence to suggest the implication of the petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Purnea, in connection with Bhawanipur (Balia) P.S. Case No. 73/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T