Ramesh Mandal @ Ramesh Kumar Mandal @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72153 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- HATHAURI District- Samastipur ====================================================== RAMESH MANDAL @ RAMESH KUMAR MANDAL @ RAMESH KUMAR Son of Late Parmeshwar Mandal R/v- Boraj Shivajee Nagar, P.S.- Hathauri, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

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

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons committed murder of the husband of the informant causing injury with sharp cut weapon due to previous enmities.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous enmity between the parties. It is further submitted that nothing surfaced, during course of investigation in furtherance of

Patna High Court CR. MISC. No.72153 of 2022(3) dt.02-02-2023 2/2 suspicion as raised, which may connect this petitioner with this offence. There is nothing against this petitioner except confessional statement of co-accused Nitish Kumar which is mentioned in impugned order. Moreover, similarly situated coaccused Nitish Kumar has already been granted bail by a coordinate bench of this court vide order dated 18.11.2022 in Cr. Misc. No. 43976 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 23.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hathauri P.S. Case No. 52 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Rosera, Samastipur.

(Sunil Kumar Panwar, J) subham/- U T