Chandan Kumar @ Chandan Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.14484 of 2016 (2) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14484 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -NTPC District- BHAGALPUR ======================================================

1. Chandan Kumar @ Chandan Mandal son of Hira Lal Mandal, resident of Sultanganj, Gali No. 1, P.S.- Sultanganj, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 302, 120B/34 of the Indian Penal Code as well as section 27 of the Arms Act.

Informant is not an eye-witness of the alleged occurrence and he has stated in his fardbeyan that some unknown persons committed murder of his son but he expressed his doubt against the petitioner and some others on the ground that at the time of alleged occurrence, he had seen the petitioner and others near the place of occurrence.

Learned counsel for the petitioner points out that petitioner happens to be own brother-in-law of the deceased and, as a matter of fact, sister of the petitioner was killed by the deceased and his family members including the informant for which mother of the petitioner lodged Kahalgaon P.S. case no. 229/2015 and that is the reason of

Patna High Court Cr.Misc. No.14484 of 2016 (2) dt.08-04-2016 false implication of the petitioner in the present case. No doubt, enmity cuts in both ways but it is admitted position that investigation against the petitioner has already been completed and except suspicion, I.O could not succeed to collect any cogent material to show prima facie involvement of the petitioner in the alleged crime.

Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in NTPC P.S. Case no. 49/2015.

shahid (Hemant Kumar Srivastava,J) U T