← Library
Patna High CourtCR. MISC./43806/2023allowed

Chintu Mandal v. The State Of Bihar

2023-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43806 of 2023 Arising Out of PS. Case No.-168 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== Chintu Mandal Son Of Ram Chandra Mandal Resident Of Village- Murliya Chawk, Ward No. 3, Ps And Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. Petitioner is said to have committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner is not named in the FIR rather he has been dragged in this case during the investigation merely on the basis of suspicion. He submits that there is no eye witness to the alleged occurrence nor any consistent evidence against the petitioner. He submits that similarly situated co-accused has already been granted bail

Patna High Court CR. MISC. No.43806 of 2023(2) dt.18-08-2023 2/2 by a coordinate Bench of this Court vide order dated 12.04.2022 passed in Cr. Misc. No. 53861 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Belsand P.S. Case No. 168 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T