Deepak Mandal @ Deepak Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82686 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Deepak Mandal @ Deepak Kumar Mandal Son Of Babulal Mandal Resident Of Village - Rajegangoli, P.S.- Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 120B of the Indian Penal Code.

3. Allegation against the FIR named accused persons along with unknown miscreants is that they committed murder of the informant's brother, namely, Rajesh Kumar Sahni.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of apprehended co-accused person, namely, Suraj Kumar Mandal before the police which has got no

Patna High Court CR. MISC. No.82686 of 2023(2) dt.20-12-2023 2/2 evidentiary value in the eye of law. Nothing consistent material has found during investigation against the petitioner in respect of commission of this offence. There is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.05.2023.

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

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajnagar P.S. Case No. 120 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Madhubani.

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