Patna High Court - Orders
Kanhaiya Kumar Mandal @ Kanhaiya Mandal vs The State Of Bihar on 14 September, 2022
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67444 of 2021
Arising Out of PS. Case No.-471 Year-2021 Thana- FORBESGANJ District- Araria
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Akhilesh Mandal, S/O Suganand Mandal, R/o village- Bhagkohalia, Ward No.
02, P.S.- Forbesganj, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 70712 of 2021
Arising Out of PS. Case No.-471 Year-2021 Thana- FORBESGANJ District- Araria
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Kanhaiya Kumar Mandal @ Kanhaiya Mandal, Son of Satya Narayan
Mandal, Resident of village - Amhara Ward No.- 10, P.S.- Forbesganj, District
- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 67444 of 2021)
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
(In CRIMINAL MISCELLANEOUS No. 70712 of 2021)
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 14-09-2022Since both the applications arise out of Forbesganj P.S. Case No. 471 of 2021, as such, they have been taken up together and are being disposed of by this common order.
Heard learned counsel for the petitioners and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of Patna High Court CR. MISC. No.67444 of 2021(3) dt.14-09-2022 2/4 resumption of physical filing and physical removal of defect.
In the present case, the petitioners seek bail in connection with Forbesganj P.S. Case No. 471 of 2021 registered for the alleged offences under Sections 302, 120B and 34 of the Indian Penal Code.
As per prosecution case, the youngest daughter of the informant was killed by the FIR named co-accused Jitendra Mandal. Later on, during investigation, the name of the petitioners came up as accused persons along with other co- accused persons.
The learned counsel for the petitioners submits that the petitioners are innocent and have falsely implicated in this case. From bare perusal of the FIR, it is apparent that only co- accused Jitendra Mandal is named accused and the petitioners have not been cited as an accused. Nothing incriminating has been recovered from conscious possession of the petitioners or their house. After a month of institution of the case, one Phool Kumar Mandal was produced as a witness by the police before the learned court below and his statement under Section 164 Cr.P.C. was recorded. Except the statement of Phool Kumar Mandal, there is nothing against the petitioners. Apart from this, there is only confessional statement of petitioner Kanhaiya Patna High Court CR. MISC. No.67444 of 2021(3) dt.14-09-2022 3/4 Kumar Mandal incriminating the petitioner and the same is not admissible in the eyes of law. Even from the CDR of mobile phones of petitioners, there is nothing to connect them with the alleged occurrence. Moreover, merely on suspicion that the petitioner Kanhaiya Kumar Mandal talked with the stepson of the deceased, he has been arrested and a confessional statement was prepared on which the signature of the petitioner Kanhaiya Mandal was forcibly obtained. Learned counsel further submits that the petitioners have no role in the alleged occurrence. Moreover, the allegations against them are quite vague and general. Petitioners are in custody since 25.07.2021 and charge- sheet has been submitted against them. The petitioners are having clean antecedent.
Learned APP opposes the prayer for bail submitting that the petitioners have been named by one Phool Kumar Mandal in his statement under Section 164 Cr.P.C for their involvement in this case. Learned APP further submits that the tower location of the petitioners' mobile phones was found near the place of occurrence.
Perused the records.
Having regard to the submissions made hereinabove and considering the general nature of allegation Patna High Court CR. MISC. No.67444 of 2021(3) dt.14-09-2022 4/4 against the petitioners and further considering their clean antecedent along with submission of charge-sheet and their period of custody, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Araria in connection with Forbesganj P.S. Case No. 471 of 2021 corresponding to Sessions Trial No. 280 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/-
U T