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Patna High CourtCR. MISC./44359/2025bail granted

Chiku Mandal @ Sonu Mandal v. The State Of Bihar

2025-10-15Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44359 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- NATHNAGAR District- Bhagalpur ====================================================== Chiku Mandal @ Sonu Mandal, S/o Ganga Mandal R/vill. -Sachidanand Nagar ,P.S -Tilkamanjhi Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the State :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-10-2025

1. Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.

2. The petitioner seeks regular bail in connection with Nathnagar P. S. Case No. 52 of 2025, dated 13.02.2025 registered for the offences punishable under Sections 103(1), 238 and 3(5) of the B.N.S.

3. The main submissions advanced by the petitioner's counsel are that the petitioner is a young person having fair and clean antecedent, as per the prosecution story, the deceased was taken by this petitioner from his house on a motorcycle but the said fact is completely unbelievable as admittedly there was no good relation between the deceased and the petitioner's family as in between them a land dispute has been running for last 10-

Patna High Court CR. MISC. No.44359 of 2025(5) dt.15-10-2025 2/3 15 years and further during the investigation, one witness namely, Shyam Mandal claimed himself to have seen the commission of the occurrence and according to him, he and some others namely, Rana Mandal, Nakul Mandal and Bibhisan Kumar were consuming the alcohol then suddenly one other person namely, Ranjit Mandal armed with Dabia assaulted the victim on the neck resulting in his death and the said so-called eye-witness did not disclose the name of this petitioner as being involved in the assault or any other manner connected with the commission of alleged murder and it is also relevant that the alleged occurrence of assault by means of Dabia took place in the day time at 2- 4 P.M.

but even then as per the FIR, informant did not get information about the commission of the alleged assault till late night and the next day she came to know about the death of her husband which is completely contradictory to the allegations levelled by the so-called eye-witness upon which the prosecution is placing reliance. It is lastly submitted that the petitioner has been languishing in jail since 15.02.2025 and against him the investigation has been completed.

4. Though, the learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that as per the FIR the informant simply claimed to have seen

Patna High Court CR. MISC. No.44359 of 2025(5) dt.15-10-2025 3/3 the petitioner taking the deceased with him on his motorcycle and also accepted the petitioner's non-involvement in the alleged assault in the light of the statement of the so-called eye-witness.

5. In the facts and circumstances of this case as well as considering the above stated facts and mainly the aforesaid contradictions pointed out by the petitioner's counsel with regard to the petitioner's role in the commission of the alleged occurrence and also coupled with petitioner's fair and clean antecedent, his custody period and completion of investigation against him, this court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Nathnagar P. S. Case No. 52 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T