Yogendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1850 of 2023 Arising Out of PS. Case No.-58 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== YOGENDRA MANDAL S/o Late Jay Lal Mandal R/o Village- Dumari, P.S.- Tikkapatti, Distt- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhas Ranjan For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 149, 323, 365 and 302 of the Indian Penal Code As per allegation in the FIR, due to business rivalary an scuffle took place between the petitioner and deceased on 1.7.2022. Petitioner and other accused persons assaulted him and forcibly got him in a four-wheeler and brought him to the house of the petitioner and killed him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner and the deceased was in family friendship term and they used to visit at each other house. In fact, petitioner had informed the

Patna High Court CR. MISC. No.1850 of 2023(4) dt.08-08-2023 2/3 father of the deceased about the sad demise of his son. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated21.6.2023 passed in Cr. Misc. No. 71598 of 2022. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 15.7.2022.

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 CJM, Purnia in connection with Tikapatti P.S. Case No. 58 of 2022. (Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.1850 of 2023(4) dt.08-08-2023 3/3