Kiran Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72262 of 2022 Arising Out of PS. Case No.-219 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== KIRAN MANDAL S/O RAMDEO MANDAL Resident of village- Chay Tola Pirpahar, P.S.- Muffasil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 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 section 364 of the Indian Penal Code.

As per prosecution case, the minor son of the informant went missing and the informant named the petitioner and other co-accused persons who might have kidnapped and killed her son.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. From perusal of FIR, it appears that the alleged occurrence took place on 9.6.2020 but this case has been registered on 15.9.2020

Patna High Court CR. MISC. No.72262 of 2022(2) dt.17-03-2023 2/2 which much delay of more than three months and the informant has not explain about the delay of such a long period. The petitioner has no concern with this case and there is no eyewitness of the alleged occurrence. The entire prosecution hings abound merely on suspicion. Moreover, similarly situated Gabbar Mandol has already been granted bail by a co-ordinate Bench of this Court vide order dated 20.9.2022 passed in Cr. Misc. No. 12801 of 2022. The petitioner has got no criminal antecedent and languishing in judicial custody since 22.7.2022. 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 Muffasil P.S. Case No. 219 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger. (Sunil Kumar Panwar, J) Amandeep/- U T