Gaurav Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63590 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Gaurav Kumar Mandal S/O Sri Upendra Mandal R/O Village- Potari, Ward No-02, P.S- Forbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Forbesganj P.S. Case No. 173 of 2022 registered under sections 363, 120(B) and 34 of the Indian Penal Code but later on, on the basis of requisition of the investigating officer, Sections 302 and 201 of the IPC have been added by the learned Court below. As per prosecution case, the informant's son, namely, Pintu Kumar went missing on the alleged date and later on his dead body was found near a bridge. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.63590 of 2022(2) dt.21-02-2023 2/3 petitioner is not named in F.I.R. rather his name came into light in this case on the basis of his call details because on the day of occurrence, he talked with the deceased and only on that evidence, he has falsely been implicated in this case. There is no direct evidence against the petitioner. Nothing incriminating article has been recovered from the possession of the petitioner or his respective house. Similarly situated other co-accused person has already been granted bail by different co-ordinate Bench of this Court vide order dated 08.12.2022. in Cr. Misc. No. 45886 of 2022. The petitioner is languishing in judicial custody since 22.05.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Forbesganj P.S. Case No. 173 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.63590 of 2022(2) dt.21-02-2023 3/3 satisfaction of the learned Chief Judicial Magistrate, Araria. (Sunil Kumar Panwar, J) shubham/- U T