Patna High CourtCR. MISC./32889/2016dismissed

Bijay Kr. Mandal @ Bijay Mandal @ Vijay Kr. Mandal v. The State Of Bihar

2016-09-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32889 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -BAUNSI District- ARRARIA ====================================================== Bijay Kr. Mandal @ Bijay Mandal @ Vijay Kr. Mandal Son of Bangali Mandal, resident of village - Kumhra, Ward No. 11, P.S. Bounsi, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2016 Heard learned counsel for the Petitioner, the State and the informant.

The Petitioner seeks bail in Bounsi P.S. case No.30 of 2016 instituted for the offence under Sections 394 and 302 of the Indian Penal Code, pending in the court of learned A.C.J.M., Araria.

The allegation is that the petitioner along with 2-3 persons has killed the son of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been

Patna High Court Cr.Misc. No.32889 of 2016 (4) dt.29-09-2016 named in the F.I.R. merely on the basis of suspicion. There is no eye witness to the alleged occurrence. No substantive motive is alleged against the petitioner.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. On the confession made by the petitioner the alleged weapon and the motorcycle of the deceased are said to have been recovered. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T