Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67824 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- AKBARNAGAR District- Bhagalpur ====================================================== Chandan Kumar S/O- Ashok Mandal Village- Shahabad Ps- Akbarnagar DistBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand For the Opposite Party/s :
Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.
3. As per allegation in the FIR, son of the informant went missing and on intense search, his dead body was found near maize field of one Gulshan Kumar.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to village
Patna High Court CR. MISC. No.67824 of 2023(2) dt.02-11-2023 2/3 politics. Petitioner was not named in the F.I.R. and his name sprang up in this case on the confessional statement of co-accused Binay Mandal. Neither the Petitioner has any concern with the alleged occurrence nor any incriminating article has been recovered from his possession. It is also submitted that there was illicit relationship between the deceased and the wife of one Binay Mandal. Moreover, petitioner is languishing in judicial custody since 09.12.2022. Similarly situated coaccused, namely, Bablu Mandal has been granted Bail vide order dated 12.07.2023 by the co-ordinate Bench of this Court. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.
Patna High Court CR. MISC. No.67824 of 2023(2) dt.02-11-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Akbarnagar P.S. Case No. 107 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge X, Bhagalpur.
(Sunil Kumar Panwar, J) Nirajkrs/- U T