Ashok Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.287 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -HABIBPUR District- BHAGALPUR ====================================================== Ashok Mandal, S/o Tholi Mandal, R/o Village Ambai Marufchak, P.S.- Habibpur, District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mrs. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray(A.P.P) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

It is contended on behalf of the petitioner that his name has taken in the FIR merely on the basis of suspicion that he is one of the persons who were responsible for inducing poisoned liquor to the deceased, however, no material has come during the course of investigation indicating petitioner's involvement in the alleged occurrence.

Learned counsel for the State has submitted that suspicion has been raised in the FIR that the petitioner along with others have induced poison liquor upon the deceased, however, he has

Patna High Court Cr.Misc. No.287 of 2016 (3) dt.24-02-2016 2/2 not been able to show from the case diary available on the record that any material could be collected in support of such suspicion that the petitioner was also involved in such occurrence. Having regard to the facts and circumstances of the case, let the petitioner, namely, Ashok Mandal be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Habibpur P.S. Case No.87/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Smt. Sulekha Jha, Judicial Magistrate-1st Class, Bhagalpur subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T