Chano Mandal @ Chandeshwari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60165 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- BANMANKHI District- Purnia ====================================================== Chano Mandal @ Chandeshwari Mandal S/O Late Badar Mandal R/O Village-Mahadeopur, P.S- Banmankhi, District-Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Banmankhi P.S. Case No. 62 of 2021 instituted for the offences under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 15.05.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that the informant alleges that his father in the night used to go to guard his fish pond, on which there was a dispute with Bechan Mandal, further on 19.02.2021, when deceased did not come back home till 10:00 am, the informant searched but could not find him. It is further alleged that Rajo Yadav informed him that

Patna High Court CR. MISC. No.60165 of 2021(2) dt.10-03-2022 2/3 his father has been killed and his dead body has been thrown in the field of Anant Roy, accordingly the informant went to the place of occurrence and saw the dead body of his father lying in the field of Anant Roy.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case, it is submitted that though the petitioner is named in the F.I.R. but no specific allegation has been alleged against him rather the informant alleges that deceased was having dispute with Bechan Mandal, brother of this petitioner who is also an accused. It is further submitted that there is no eye-witness to the occurrence, even Rajo Mandal who informed the informant about killing of his father has not disclosed the name of anyone, as such the learned counsel submits that the basis for implicating the petitioner in the present case is based on suspicion only.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case, there is no eyewitness to the occurrence nor the deceased had dispute with the petitioner rather his dispute was with Bechan Mandal as such the petitioner above named is directed to be released on bail on

Patna High Court CR. MISC. No.60165 of 2021(2) dt.10-03-2022 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-1st, Purnea in connection with Banmankhi P.S. Case No. 62 of 2021.

(Satyavrat Verma, J) Rishi/- U T