Nikki Kumar @ Nikky Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21084 of 2017 Arising Out of PS.Case No. -179 Year- 2013 Thana -SABAUR District- BHAGALPUR ====================================================== NIKKI KUMAR @ NIKKY KUMAR MANDAL, son of Umesh Mandal, resident of Village- Pariya, Police Station- Bariarpur District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate. For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2017 Heard both sides.

The petitioner seeks bail in Sabour P.S. Case No. 179 of 2013 registered under Sections 302, 201 and 34 of the Indian Penal Code.

The informant (father of the deceased) named four persons. The informant alleged that Shobha Devi, Gautam Mandal, Pato Mandal and Jugesh Mandal strangulated his son to death.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 05.11.2015, but similarly situated co-accused namely, Mithun Kumar, Shobha Devi and Vikash Kumar Raj have already been enlarged on bail vide order passed in Cr. Misc. Nos. 24446

Patna High Court Cr.Misc. No.21084 of 2017 (2) dt.04-05-2017 2/2 of 2014, 54239 of 2013 and 12812 of 2014 respectively. The petitioner is in custody since 15.09.2013 and he has remained in jail for more than 31⁄2 years.

Considering the fact that there is no specific allegation against the petitioner of causing death to the son of the informant and the petitioner has remained in jail for more than 31⁄2 years, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th A.D.J., Bhagalpur in connection with Sessions Trial No. 230 of 2014 arising out of Sabour P.S. Case No. 179 of 2013. (Prabhat Kumar Jha, J) Mishra/- U T