Sunil @ Sunil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28713 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -DHORAIYA District- BANKA ======================================================

1. Sunil @ Sunil Mandal Son of Bhola Mandal Resident of VillageBhatsar, P.S. Dhoraiya, District Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2017 Heard both sides.

The petitioner apprehends his arrest in Dhoraiya P.S. case No. 2 of 2017 for the offences punishable under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The wife of the deceased named the petitioner along with other accused persons and alleged that petitioner and Diwakar had came to her house in the previous night in search of her husband and her husband also disclosed that he would go to river to get sand but dead body of her husband was found in an orchard.

Sri Shivesh Chandra Mishra, the learned counsel for the petitioner, submits that save and except suspicion there is no

Patna High Court Cr.Misc. No.28713 of 2017 (3) dt.21-08-2017 2/2 material against the petitioner. Nobody has seen the occurrence. The petitioner has got no criminal antecedent. The petitioner is driver of one of the vehicles but from perusal of the records it appears that petitioner is named in the FIR. During the course of investigation witnesses have also stated that Pramod Mandal, father of the deceased, instigated the petitioner and two others, namely, Diwakar and Bindeshwari Mandal to kill and thereafter Dharmendra Mandal, husband of informant, was killed. The anticipatory bail petition of Bindeshwari Mandal has already been rejected vide order passed in Cr. Misc. No. 20403 of 2017 and the case of petitioner stands on the same footing. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) BKS/- U T