Jitan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32109 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -GHOGHARDIHA District- MADHUBANI ====================================================== Jitan Mandal son of Kailu Mandal Resident of Village- Musharinia, P.S.- Phulparas, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302, 201 and 120(B) of the Indian Penal Code. The prosecution case, in brief, is that the informant received a message that one dead body of a female is lying at Bahiyar near Parsa-Basuari. Thereafter, he went there and informed the police and after that the police reached at the place of occurrence and lodged the present case against unknown. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.01.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.32109 of 2016 (3) dt.27-09-2016 2/2 witnesses alleged against the petitioner. The petitioner is not named in the First Information Report. Subsequently, in course of investigation, a suspicion has been raised against the petitioner. There is no eyewitness to the alleged occurrence nor there is any substantive evidence to suggest his implication in the present case.

On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Ghoghardiha P.S. Case No. 131 of 2015 (G.R. No. 2009 of 2015). (Sudhir Singh, J.) Amit/- U T