Naresh Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.6585 of 2016 (3) dt.07-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6585 of 2016 Arising Out of PS.Case No. -104 Year- 2012 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Naresh Mandal Son of Ram Mandal, Resident of Village - Bairiya, P.S. - Nath Nagar, District - Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Nath Nagar P.S. Case No. 104 of 2012 registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, Matra @ Matru Mandal was found killed by unknown miscreants at the Basa of Bidra Mandal. During investigation it transpires that the petitioner and co-accused were having enmity prior to the occurrence and hence, they have killed the brother of the informant.

Submission is of false implication and that besides suspicion there is nothing against the petitioner, there is no eye witness of the occurrence and he has got no criminal antecedent. The petitioner is suffering in custody since 07.12.2014 whereas

Patna High Court Cr.Misc. No.6585 of 2016 (3) dt.07-04-2016 co-accused Manta @ Mantu Mandal has been allowed bail vide Cr. Misc. No. 27133 of 2013 by another co-ordinate Bench of this Court.

Learned APP fairly submits that the case of the petitioner is similar to that of co-accused.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 4, Bhagalpur in connection with Nath Nagar P.S. Case No. 104 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T