Patna High CourtCR. MISC./18861/2016bail granted

Sanjay Mandal v. The State Of Bihar

2016-05-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18861 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -PIRI BAZAR District- LAKHISARAI ====================================================== Sanjay Mandal Son of Sattan Mandal, resident of village - Ghoshet, P.S. Piri Bazar, District - Lakhisarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Indu Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Anuj Kr.Srivastav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 302, 201 and 120B of the Indian Penal Code.

Petitioner is named in the First Information Report. Allegedly, the petitioner along with other accused took the deceased from his house but after 3-4 hours, they threw the dead body of deceased in front of his house.

Contention on behalf of the petitioner is that having more or less similar allegation, one co-accused Shailendra Kumar @ Sallu Mandal @ Shailendra Kumar Sallu Mandal has already been granted privilege of regular bail by a co-ordinate Bench of this Court whereas; petitioner is in jail custody since 22.02.2016

Patna High Court Cr.Misc. No.18861 of 2016 (2) dt.03-05-2016 2/2 and moreover if, the prosecution story assumed to be true, then also, it is only a case of last seen.

Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Piri Bazar Police Station Case No. 61 of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Lakhisarai.

(Hemant Kumar Srivastava, J) Vats/- U T