Patna High CourtCR. MISC./66935/2022rejected

Kishundeo Mandal v. The State Of Bihar

2023-04-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66935 of 2022 Arising Out of PS. Case No.-223 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== KISHUNDEO MANDAL Son of Umesh Mandal R/v- Kanjhia, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 28.05.2022, in connection with Nathnagar (Madhusudanpur) P.S. Case No. 223/2022, F.I.R. dated 07.04.2022, for the offences punishable under Sections 302, 328 and 34 of the Indian Penal Code.

According to prosecution case, the petitioner along with other co-accused persons have committed murder of the brother-in-law of the informant by administering poisonous substance.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion.

Patna High Court CR. MISC. No.66935 of 2022(3) dt.25-04-2023 2/2 He further submits that in fact the informant is not an eyewitness of the alleged occurrence and in fact the petitioner has paid the entire amount as mentioned in the sale deed in question.

Learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary as well as viscera report has vehemently opposed the prayer for bail of the petitioner and submits that the allegation against the petitioner that he has administered poison to the brother-in-law of the informant and the viscera report also confirms the allegation, as alleged in the F.I.R. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 223/2022, pending in the court of learned C.J.M., Bhagalpur.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T