Suresh Mandal @ Suresh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33761 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- AMARPUR District- Banka ====================================================== SURESH MANDAL @ SURESH PRASAD SINGH aged about 66 years, son of Bhnni @ Bhagwan Mandal @ Bhagwan Pd. Singh , village Basudeopur, Police Station Amarpur, Banka ... Petitioner

Versus

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

For the Petitioner :

Mr. NK Agrawal, Sr. Advocate and Mr.Indeshwari Prasad Mandal, Advocate For the Opposite Party :

Mr.Ahmad Ali, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner, the State as well as perused the case diary.

Petitioner is an accused in a case registered for the offence under sections 328, 302, 304 and 306 of the Indian Penal Code.

It is alleged by the informant that his son purchased biscuit from petitioner's shop, thereafter on the allegation of theft marpit took place between his son and the petitioner. It is further alleged that the next morning informant's son started vomiting and died during treatment in the hospital in the noon. Informant suspected the hand of the petitioner in giving poison to his son.

Learned counsel for the petitioner submits that the petitioner has been made accused in this case only on suspicion, there is no eye witness to the occurrence and victim's father had

Patna High Court CR. MISC. No.33761 of 2019(4) dt.28-08-2019 2/2 also slapped the victim for the theft committed by him. It is further submitted that the police after investigation submitted charge sheet for the offence under sections 304, 306 of the IPC. Petitioner has got no criminal antecedent and is in custody since 11.2.2919.

Considering the facts of the case, 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 the Chief Judicial Magistrate, Banka in Amarpur Police Station Case No. 63 of 2019, subject to the condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) shashi U T