Manoj Mandal vs The State Of Bihar
2023 Latest Caselaw 2271 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.1209 of 2023
  Arising Out of PS. Case No.-129 Year-2022 Thana- ALAMNAGAR District- Madhepura
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MANOJ MANDAL Son of Sri Anil Mandal, R/V- Gangapur Athgama Basa, P.S- Alamnagar (Ratwara O.P) Dist- Madhepura.

... ... Petitioner/s Versus The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Viveka Nand Singh Mr. Hira Jha For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL JUDGMENT

Date : 10-05-2023

I have already heard the learned counsel for the

petitioner as well as the learned Additional Public Prosecutor for

the State.

The petitioner is seeking regular bail in connection

with Alamnagar (Ratwara) P.S. Case No. 129 of 2022, registered

for offence punishable under Section 302 of the Indian Penal

Code and Section 27 of the Arms Act.

As per allegation, having heard the screaming of his

mother, the informant went to his Baithka and saw the dead

body of his brother Sonu Kumar, aged about 17 years. The

deceased had sustained fire shot injury on his chest. Due to time

consumed in cremation, etc., the FIR was lodged on 17.05.2022 Patna High Court CR. MISC. No.1209 of 2023 dt.10-05-2023

at about 4.05 P.M., whereas the occurrence is said to have taken

place in preceding night.

The learned counsel for the petitioner has submitted

that the petitioner is not named in the FIR. Nothing was

recovered from his possession. Neither the informant nor his

mother has named the petitioner. After five days of the

occurrence, the statement of co-accused Shankar Mandal was

recorded in which he has confessed his guilt and named the

petitioner. The learned counsel has submitted further that except

confessional statement of co-accused, there is nothing against

the petitioner. The confessional statement cannot be given value

in the eyes of law and the statements of other independent

witnesses have been recorded after a delay of near about one

month. He has submitted further that neither the informant nor

Geeta Devi the mother of the deceased has stated that

co-accused Bablu Mandal was sleeping with the deceased,

whereas Parvati Devi and Bablu Mandal have stated that he

(Bablu Mandal) was sleeping with the deceased and accused

persons including the petitioner came there and fired shot at

Sonu Mandal.

On the other hand, the learned APP has opposed the

prayer for bail and submitted that co-accused Shankar Mandal Patna High Court CR. MISC. No.1209 of 2023 dt.10-05-2023

has given vivid description of the entire occurrence and he has

named this petitioner, who is also involved in the conspiracy.

The mother of Bablu Mandal in paragraph 39 of the case diary

has stated that her son had apprised her on telephone that when

he was sleeping in the hut of the deceased, his sleeping was

interrupted on hearing fire shot and he saw co-accused Monu

Lal Rai, Shankar Mandal and Manoj Mandal (petitioner), who

were fleeing away after firing shot at the deceased. He has

submitted further that the independent witness Akhilesh Kumar

has also rendered similar type of statement as Parvati Devi,

mother of the informant.

Considering the above-mentioned facts and

circumstances as well as the materials emerged during the

course of investigation, I do not think it to be an appropriate

case for grant of bail, which is accordingly rejected.

(Nawneet Kumar Pandey, J) Mahesh/-

AFR/NAFR                NAFR
CAV DATE                05.05.2023
Uploading Date          10.05.2023
Transmission Date       10.05.2023