Allowed

sushil Prasad Mandal @ sahil @ sunil Mandal v. The State of Bihar

Patna HC4 Sept 2024CR. MISC./61608/2024

Case brief

AI extract

What is this about?

This court granted bail to the petitioner in a murder investigation, noting his name appeared only via a confessional statement of a co-accused with no independent incriminating material.

What did the court decide?

The petitioner was directed to be released on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount, subject to conditions under Section 437(3) Cr.P.C.

sushil Prasad Mandal @ sahil @ sunil Mandal Vs… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61608 of 2024

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Arising Out of PS. Case No.-767 Year-2018 Thana- NATHNAGAR District- Bhagalpur

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======================================================

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sushil Prasad Mandal @ sahil @ sunil Mandal son of Umesh Mandal villageGaneshpur tinpuliya p.s- jagdishpur bypass T.O.P. district- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs. Vaishnavi Singh For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 04-09-2024 Heard the parties.

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The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 767 of 2018 registered for the offence under Sections 147, 148, 149, 302 of the I.P.C. and Section 27 of Arms Act.

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The petitioner is not named in the F.I.R. and is in custody since 25.05.2024.

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The allegation against the petitioner is to commit murder of the brother of the informant along with other named/unknown co-accused persons by causing fire arm injury where occurrence is alleged to be arising out of previous enmity.

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Patna High Court CR. MISC. No.61608 of 2024(2) dt.04-09-2024 2/3

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Learned counsel appearing on behalf of the

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petitioner submitted that the name of the petitioner appears in this case out of confessional statement of co-accused

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Kapil Yadav @ Kapit Yadav @ Kapil Kumar where in furtherance of which no incriminating material surfaced/recovered as to connect petitioner prima-facie with present occurrence of murder. It is submitted that coaccused Kapil Yadav @ Kapit Yadav @ Kapil Kumar was granted bail by one of the co-ordinate Bench of this Court in Cr. Misc No. 9674 of 2020 vide order dated 17.03.2021. It is submitted that the petitioner approached court of law with some delay his name was verified in the year 2024 only. While concluding the argument, it is submitted that petitioner found involved in four more criminal cases where he is on bail and in maximum of cases his name transpired on the basis of confessional statement as of present having no evidentiary value under the law and moreover, investigation of this case is completed, as such, there is no chance of tampering with the evidence.

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Learned APP opposes the prayer of bail.

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Patna High Court CR. MISC. No.61608 of 2024(2) dt.04-09-2024 3/3

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In view of the aforesaid fact and circumstance

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and by taking note of fact that save and except suspicion arising out of confessional statement nothing surfaced prima-facie incriminating as to connect the petitioner with present occurrence, coupled with fact that investigation of this case is completed where petitioner is in custody since 25.05.2024,accordingly, petitioner above named, is directed

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to be released on bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 767 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bhagalpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

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Sudha/- U T

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(Chandra Shekhar Jha, J)

sushil Prasad Mandal @ sahil @ sunil Mandal v. The State of Bihar

Case brief

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sushil Prasad Mandal @ sahil @ sunil Mandal v. The State of Bihar

Case brief

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