Vijay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50090 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- MANSAHI District- Katihar ====================================================== 1.

VIJAY MANDAL, aged about 55 years, Male, Son of Late Bhagwat Mandal Resident of Village - Madhubani, P.S.- Barari (Semapur O.P.), District - Katihar.

2.

Rajesh Mandal @ Rajesh Kumar Mandal, Male, aged about 35 years, Son of Jaddu Mandal Resident of Village - Sishiya, P.S.- Kadwa, District - Katihar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jibendra Mishra, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Mansahi P.S. Case No. 26/2019 (G.R. No. 1613/2019) registered under Sections 302, 120(B), 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that these petitioners happened to be the brother-in-law of the husband of the deceased. They are not named in the F.I.R. but in the restatement the informant has made a statement that these petitioners may also be involved in the alleged occurrence. Learned counsel submits that save and except a mere suspicion

Patna High Court CR. MISC. No.50090 of 2019(3) dt.17-10-2019 2/2 there is no material to connect these petitioners in the present case.

Learned A.P.P. for the State is present and after going through the case diary he submits that there is no independent material in the case diary and all that is available is the statement of the informant in his re-statement before the police. In the given facts and circumstances of the case, since no material has been collected in course of investigation to connect these petitioners in the present case and the only allegation against the petitioners are based on mere suspicion, let the above-named petitioners, in the event of their arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Katihar, in connection with Mansahi P.S. Case No. 26/2019 (G.R. No. 1613/2019), subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T