Gandhi Mandal @ Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67884 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- Bypass District- Bhagalpur ====================================================== Gandhi Mandal @ Randhir Kumar S/O Dukhan Mandal R/O VillageChhiliya Koile, P.S- By- Pass, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Adv.
Mr.Indeshwari Mandal, Adv.
For the informant : Mr. Chandra Shekar Kumar, Adv For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with By-pass P.S. Case No. 34 of 2024 initially registered for the offence punishable under Sections-364, 120(B), 34 of the Indian Penal Code and later on, charge sheet was submitted under Sections-302, 201, 120(B)/34 of the Indian Penal Code.
3. Allegedly, co-accused, Rajnish Kumar used to visit the informant's house and pretended himself to be unmarried. Meanwhile, the informant's younger sister and Rajnish Kumar fell in love and affection and they got married. Later, she came to know that Rajnish Kumar was already married and had
Patna High Court CR. MISC. No.67884 of 2024(4) dt.22-01-2025 2/3 children. It is further alleged that on 28-04-2024, the informant got an information that accused persons named in the FIR had committed murder of his younger sister. The informant has expressed firm belief that the accused persons including the petitioner and other co-accused persons, in a deep conspiracy, had murdered his younger sister namely Renu Kumari and concealed her dead body.
4. Mr. N. K. Agrawal, learned senior counsel has submitted that the petitioner is innocent and has falsely been implicated in the present case. It has further been submitted that the complicity of the petitioner in commission of murder has not not transpired from the evidences collected during course of investigation. It has also been submitted that at best, the offence under Section-201 of the Indian Penal Code may be attributable to the petitioner. Learned Senior Counsel has drawn my attention towards the statement of the petitioner, in which he has stated that co-accused Rajnish Das is friend of the petitioner and after committing murder of his wife, Rajnish Kumar came to the petitioner and solicited the assistance of the petitioner in disposal of the deadbody.
5. Learned counsel appearing for the State has opposed the prayer for bail.
Patna High Court CR. MISC. No.67884 of 2024(4) dt.22-01-2025 3/3
6. From the materials collected during course of investigation, it appears that the petitioner has no involvement in the commission of murder of the deceased and co-accused persons on similar allegations, have been granted anticipatory bail in Cr. Misc. No. 68932 of 2024.
7. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with By-pass P.S. Case No. 34 of 2024.
(Nawneet Kumar Pandey, J) A.K.V.//- U T