Umakant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69150 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- LAUKAHI District- Madhubani ====================================================== UMAKANT MANDAL S/O LATE GOSAI MANDAL Resident of villageBelha, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 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 section 302 of the IPC and Section 27 of the Arms Act.

As per allegation in the FIR, while the daughter of informant was sleeping in her room, on 1.5.2022 at 12.30 A.M., some unknown persons fired on her head resulting into her death.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR. On the basis of suspicion, he was apprehended by the police and they obtained his signature by applying force on white paper and the same was later on manufactured as his self confessional statement by police

Patna High Court CR. MISC. No.69150 of 2022(3) dt.05-04-2023 2/2 mechanism. In his self confessional statement, petitioner confessed his guilt of committing murder of the informant's daughter as she had developed illicit relationship with his son. Save and except, self confessional statement, no other material has come to show the involvement of the petitioner in this case. Confessional statement made before the police has no evidentiary value in the eye of law. Petitioner is languishing in judicial custody since 5.5.2022.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Jhanjharpur, Madhubani in connection with Laukahi (Narhiya O.P.) P.S. Case No. 102/2022 (G.R. No. 712 of 2022).

(Sunil Kumar Panwar, J) sushma/- U