Dev Kumar @ Dev Kumar Mandal @ Devan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58254 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- DHANKUND District- Banka ====================================================== Dev Kumar @ Dev Kumar Mandal @ Devan Mandal Son Of Fekan Mandal R/O Village- Ganga Karhariya, P.S.- Goradih, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha For the Opposite Party/s :
Mr.Ramchandra Sahni CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code. The prosecution case as per F.I.R. is that the informant had made a written statement before the SHO, Dhankund Police station alleging therein that the friends of his son picked him away on an Auto-rickshaw
Patna High Court CR. MISC. No.58254 of 2022(3) dt.24-03-2023 2/3 and immediately thereafter, he got information that his son is seriously injured lying on the road. He rushed and picked his son to the hospital where he was declared dead.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is also submitted that all the friends moving on the Auto went to a tea shop and after sipping tea, as they moved forward, the Auto met with an accident and out of fear the they fled away. There is no eye witness to the occurrence. The petitioner is not named in F.I.R and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 28.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.58254 of 2022(3) dt.24-03-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka in connection with Dhankund P.S. Case No. 141 of 2021.
(Sunil Kumar Panwar, J) Shageer/ayush U T