Dilip Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36580 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -SIKTI District- ARRARIA ======================================================

1. Dilip Kumar Mandal S/o Nageshwar Mandal, R/o Vill.- Latkharid, P.S.- Sikti, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Yadav For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 12.04.2018 in connection with Sikty P.S. Case No. 56 of 2018 for the offence registered under Sections 302, 201 and 120(B) of the Indian Penal Code.

Learned Senior counsel appearing on behalf of the petitioner submits that the main allegation is against others as per the first information report, but, subsequently, in the re-statement made by the informant, he has stated that there has been a business transaction between the present petitioner and the deceased with regard to purchase of grains for

a sum of Rs. 1200/- per quintal only for which there has been tension between the parties. It is further submitted that petitioner, being the Chairman of the PACS, the deceased had purchased 80 quintals of paddy, but in the meantime, the rate was increased by Rs. 200/- and, therefore, the differential amount of the price was being claimed by the petitioner and, therefore, the present occurrence has been occasioned as the petitioner wanted to recover the amount from the deceased. It is further submitted that save and except such allegation, which is based purely on speculation, there is no further allegation against the petitioner and that the main allegation is against one co-accused, namely, Gaurav Kumar who had come to know that the deceased was carrying Rs. 3 lakhs which he had taken from his father-in-law.

Considering the aforesaid facts and circumstances of the case and that the petitioner has been implicated in this case on mere suspicion and that the petitioner has got no criminal antecedent, let the petitioner, above named, be released on bail on

furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., - I, Araria in connection with Sikty P.S. Case No. 56 of 2018.

(Anjana Mishra, J) Jagdish/- U T