Arvind Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52977 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -BIRPUR District- SUPAUL ====================================================== Arvind Mandal, Son of Late Upendra Mandal, Resident of VillageRaniganj, Ward No.02, P.S.- Birpur (Bhimnagar), District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Kumar Mehta For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Birpur (Bhim Nagar) P.S. Case No. 116 of 2017 dated 11.05.2017 instituted for the offences under Sections 302, 201, 120 (b) of the Indian Penal Code.

The petitioner and one Arjun Mandal, both neighbours of the informant, had come to the house of the informant and had taken the son of the informant, viz. Naresh Mandal away. Later, after a day, the dead body of the son of the informant was recovered.

Learned counsel for the petitioner has submitted that petitioner and Arjun Mandal are neighbours of the informant and because of land dispute, he and his associate have been falsely implicated in this case. All that has been collected during the

Patna High Court Cr.Misc. No.52977 of 2017 (3) dt.24-11-2017 2/2 course of investigation is that about ten days prior to the occurrence, the deceased had fought with one Ranjeet Mukhiya and Golu Sharma with respect to some transaction of money. Learned counsel for the petitioner has clearly stated that petitioner or his associate, Arjun Mandal has no concern either with Ranjeet Mukhiya or Golu Sharma. During course of investigation, apart from what has been stated in the FIR, viz. that the petitioner had visited the house of the informant and had taken away his son (the deceased), no other incriminating material has come against the petitioner.

The petitioner is in custody since 19.07.2017. The petitioner does not have any criminal antecedent. Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur in connection with Birpur(Bhim Nagar) P.S. Case No. 116 of 2017. (Ashutosh Kumar, J) Shageer/- U T