Uday Mandal @ Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78738 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- Kasar District- Sheikhpura ====================================================== Uday Mandal @ Uday Kumar S/o Umesh Mandal R/o Vill- Aiphni, P.SKashar, Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Advocate Mr. Binay Kumar, Advocate Mr. Vivek Kumar, Advocate For the Opposite Party/s:

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Kasar P.S. Case No. 20 of 2024 instituted for the offence under Sections 302, 201 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that wife of the informant has been murdered by the co-accused persons. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-05-2024. Petitioner

Patna High Court CR. MISC. No.78738 of 2024(3) dt.28-01-2025 2/3 bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application. 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case during course of investigation followed by his self-confessional statement before the police, and the same has no evidentiary value in the eye of law. Petitioner has no concern with the alleged offence. No incriminating article has been recovered from the petitioner's possession. There is no eye witness to the occurrence. It is submitted that police after investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner was having illicit relationship with the deceased. It is submitted that petitioner in his confessional statement has very categorically confessed his guilt. 7.

Considering the aforesaid facts and circumstances of the case, there being material against the petitioner in the case diary and nature and gravity of the offence, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected.

Patna High Court CR. MISC. No.78738 of 2024(3) dt.28-01-2025 3/3 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments. (Rudra Prakash Mishra, J) Raj Kishore/- U T