Akhilesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67664 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- PARBATTA District- Bhagalpur ====================================================== Akhilesh Mandal S/O Late Fakir Mandal R/V- Gonarchak, P.S.- Parbatta, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 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 Parbatta P.S. Case No. 128 of 2021 registered under sections 302, 201 and 34 of the Indian Penal Code.

Prosecution case relates to commission of murder of the elder daughter of the informant by the co-accused persons including this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the brother-in-law of the deceased due to which

Patna High Court CR. MISC. No.67664 of 2022(3) dt.06-04-2023 2/3 he has falsely been implicated in this case. The husband of the deceased is already languishing in judicial custody. It is further submitted that the petitioner has no concern with the mess and business of the deceased as well as from her husband and also he lives separately from them. He has no concern with this alleged offence and also during investigation no any independent witness has said anything against the petitioner. Except suspicion, nothing has come against him. Moreover, he is languishing in judicial custody since 20.01.2022. Similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 of this petition. The application for bail is 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 as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Parbatta P.S. Case No. 128 of 2021 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 A.C.J.M.-

Patna High Court CR. MISC. No.67664 of 2022(3) dt.06-04-2023 3/3 IIIrd, Naugachia, District-Bhagalpur.

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