Patna High CourtCR. MISC./52746/2024bail rejected

Mahendra Mandal v. The State Of Bihar

2024-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52746 of 2024 Arising Out of PS. Case No.-809 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Mahendra Mandal Son Of Late Badri Mandal Resident Of Amapur, P.S. - Kahalgaon, District - Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under sections and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including this petitioner abducted the son of informant and his neighbor namely Niraj Kumar and Govind Kumar respectively. Aadhar card of the Niraj Kumar and Govind Kumar has been recovered from the house of petitioner Mahendra Mandal. FIR named accused Ashok Mandal was arrested and he confessed that he along with other accused persons caused death of both Niraj Kumar and Govind Kumar. After that they threw both the dead body in the Ganga river. The dead body of Niraj Kumar has been recovered from the bank of Ganga river.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of confessional statement of co-accused. Learned counsel submits that save and except

Patna High Court CR. MISC. No.52746 of 2024(4) dt.06-12-2024 2/2 confessional statement, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. He is in custody since 16.4.2024.

5. Learned counsel for the State opposes the prayer for bail. He submits that Aadhar cards of the victim have been recovered from the house of the petitioner.

6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) shashi/- U T