Naresh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71736 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- BAUNSI District- Araria ====================================================== Naresh Mandal, Son of Bhim Mandal Resident of Village - Farkia, P.S. - Bounsi, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bounsi P.S. Case No. 103 of 2023 for the offences registered under Sections 302, 120(B) of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, brother of the informant was murdered by some unknown persons when he had gone to talk with the owner of J.C.B.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. F.I.R. has been lodged against unknown, however during course of investigation it came on record that there was talk between the deceased and the petitioner on their mobile phones

Patna High Court CR. MISC. No.71736 of 2023(3) dt.08-02-2024 2/2 but the tower location of both the mobiles are different. Except confessional statement there is no material against the petitioner. Petitioner has no criminal antecedent. He is in custody since 29.05.2023. Charge-sheet has already been submitted in this case. There is no chance of tampering with the evidence or absconding of the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Bounsi P.S. Case No. 103 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T