Inod Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70950 of 2022 Arising Out of PS. Case No.-211 Year-2021 Thana- PALASI District- Araria ====================================================== INOD KUMAR MANDAL S/O NUNU LAL MANDAL Resident of villageDhangama, P.S.- Palasi, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 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 sections 363, 302, 364(A), 201/34 of the Indian Penal Code.

As per prosecution case, on 17.10.2021 at 9:00 AM, the son of the informant had gone to purchase some articles to Kishan Chowk, but he did not return. During course of search, informant came to know that the petitioner along co-accused have kidnapped his minor son. Thereafter, the dead body of the informant's son was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to political rivalry. The informant is not an eye-witness of the alleged

Patna High Court CR. MISC. No.70950 of 2022(2) dt.14-03-2023 2/2 occurrence rather the entire allegation hings around merely on suspicion. Except suspicion, nothing has come to show his complicity in the case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Suraj Kumar Mandol has already been granted bail by a co-ordinate Bench of this Court vide order dated 5.5.2022 passed in Cr. Misc. No. 11331 of 2022 which is mentioned vide Annexure-2 series. It is further submitted that the petitioner is languishing in judicial custody since 29.1.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Palasi P.S. Case No. 211 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria. (Sunil Kumar Panwar, J) Amandeep/- U T