Ramchandra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69676 of 2021 Arising Out of PS. Case No.-98 Year-2021 Thana- PIPRA District- Supaul ====================================================== Ramchandra Mandal, Son of Late Mahavir Mandal, Resident of village - Hariraha, Ward No.- 10, P.S.- Karjain, Dist.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Pipra P.S. Case No. 98 of 2021 registered for the alleged offences under Sections 302, 201 of the Indian Penal Code.

As per prosecution case, three persons were murdered by unknown miscreants and son of one of the deceased persons saw the pictures of their dead body on whats-app and came to identify them. The name of the petitioner transpired as one of the accused persons in this case during investigation. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69676 of 2021(3) dt.28-09-2022 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner is not involved in any manner in the case. The name of the petitioner came up in his self confession and he was further named by the co-accused Tribhuvan Yadav in his confessional statement. Except for the confessional statement, there is nothing against the petitioner. Even during investigation, nothing cogent came against the petitioner for his involvement in the alleged occurrence. The post mortem report does not show death was caused by assault and viscera has been preserved. The co-accused Tribhuvan Yadav has been granted bail by a Coordinate Bench of this Court vide order dated 09.05.2022 passed in Cr. Misc. No.61075 of 2021. The petitioner is in custody since 06.04.2021 and the charge sheet has been submitted.

Learned A.P.P. opposes the prayer for bail submitting that it is a case of triple murder and on the basis of call detail reports, this petitioner was apprehended and as mentioned in paragraph 20 of the case diary, the petitioner was present with the deceased at the place of occurrence during relevant time. Perused the records.

Having regard to the facts and circumstances and submissions made hereinabove and considering the fact that

Patna High Court CR. MISC. No.69676 of 2021(3) dt.28-09-2022 3/3 except for the call detail reports and confessional statement, no other substantive material has come up against the petitioner and further considering the submission of charge sheet and the period of custody of the petitioner along with his clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Supaul, in connection with Pipra P.S. Case No. 98 of 2021, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T