Uday Kant Mandal vs State Of Bihar on 17 January, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.32939 of 2010
                                UDAY KANT MANDAL
                                          Versus
                                   STATE OF BIHAR
                                        -----------

3 17.1.2011 Heard learned counsel for the parties.

Killing of informant’s son is reported

to the Police suspecting co-accused Sanjay Kumar

Choudhary. Petitioner’s name appeared in the

case after six months of the incident when some

of the witnesses examined in paragraphs 42 to 49

of the case diary is doubted on the ground that

informant’s wife and his daughter-in-law (wife

of the deceased) are naming co-accused Sanjay

Kumar Choudhary and two unknown persons. Here

the role of I.O. appears suspicious as both are

examined only after examination of witnesses of

paragraphs 42 to 49. There may be reason for

delayed examination of witnesses not family

members but once family member is examined at

belated stage that only doubts the act of the

I.O., that is to favour any of the accused. It

is not the stage to doubt the statement of

witnesses not from family members of the

informant.

Hence, prayer for anticipatory bail on

behalf of petitioner is rejected.

AI                                                       ( Mandhata Singh, J.)