Chandan Kumar @ Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49278 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- EKCHARI District- Bhagalpur ====================================================== Chandan Kumar @ Chandan Mandal Son of Taran Mandal @ Tarap Mandal @ Upendra Mandal Resident of Village - Kishandaspur, P.S.- Budduchak, District - Bhagalpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 307 and other allied sections of the Indian Penal Code. As per the prosecution case, seven named and two unknown persons assaulted the brothers and nephew of the informant by means of lathi, as a result of which one of the brothers Binodi Mandal died on the spot.

It is submitted that petitioner is not named in the FIR. Though informant claims to be the eye-witness of the occurrence, but he has not named this petitioner. After four days of the alleged occurrence, name of petitioner transpired in this

Patna High Court CR. MISC. No.49278 of 2022(2) dt.15-12-2022 2/2 case on the basis of confessional statement of one Ramrup Mandal who is not named in the FIR. Petitioner claims clean antecedent.

Counsel for informant however vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Ekchari P.S. Case No. 36 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T