Patna High CourtCR. MISC./33856/2017disposed

Kartik Mandal v. The State Of Bihar

2017-08-08Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.33856 of 2017 (3) dt.08-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33856 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -GWALPARA District- MADHEPURA ======================================================

1. Kartik Mandal Son of Ganga Mandal, R/o Village- Teldiha, P.S.- Tikapatti, District- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2017 The petitioner seeks regular bail in connection with Gwalpara (Arar O.P.) P.S. Case No. 87 of 2016, registered for offences punishable under Sections 302, 201/34 of Indian Penal Code.

Allegation against the petitioner and other co-accused persons is of killing the deceased.

It has been submitted on behalf of the petitioner that his name transpired in this case only on the basis of suspicion as there was previous enmity between the parties with regard to land dispute. Further there is no eye witness of the case and even he has not been seen at the place of occurrence and he has been in judicial custody for last two and half months and has no criminal antecedent.

Patna High Court Cr.Misc. No.33856 of 2017 (3) dt.08-08-2017 Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case and nature of allegation, at present, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the petitioner may renew his prayer for bail after submission of charge-sheet in the court below itself, and if any such application is filed the court below after verifying the fact that save and except suspicion, there is no material against the petitioner, shall release the petitioner on bail to his own satisfaction, otherwise he is free to pass any order as he deems fit and proper.

(Vinod Kumar Sinha, J) sunil/- U