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Patna High Court

Pappu MandalversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction was set aside because the circumstantial evidence did not meet the requisite standards of proof, and the appellant was acquitted.

Summary

The appellant, Pappu Mandal, was convicted by the Additional District and Sessions Judge for the murder of his brother’s son, Prashant, under Sections 302 read with 34 of the IPC and Section 27 of the Arms Act. The trial court relied on circumstantial evidence, including the fact that the deceased and appellant had slept on the same cot, a love‑triangle motive, and the absence of blood on the appellant’s clothing. The appellant appealed, arguing that the evidence did not satisfy the stringent “panchsheel” criteria for circumstantial proof and that there was no direct evidence linking him to the shooting. The High Court examined the testimonies of eight prosecution witnesses, forensic reports, and the legal standards for circumstantial cases, concluding that the prosecution’s case was based merely on suspicion and did not meet the required standards of proof. Consequently, the Court set aside the conviction, acquitted the appellant of all charges, ordered his immediate release, and directed the return of any fine paid.

Issues considered

  • Whether the circumstantial evidence presented satisfied the five‑point ‘panchsheel’ test for conviction under Sections 302/34 IPC and Section 27 Arms Act.
  • Whether the conviction based on motive of a love‑triangle and lack of blood on the appellant’s clothes is sufficient to uphold the judgment.

Legislation cited

Subjects

  • murder
  • circumstantial evidence
  • acquittal
  • Indian Penal Code
  • Arms Act
  • criminal appeal
  • proof of guilt
  • panchsheel
  • love triangle

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (DB) No.792 of 2018
   Arising Out of PS. Case No.-94 Year-2014 Thana- KAHALGAON District- Bhagalpur
======================================================
Pappu Mandal S/o Late Bhagwat Mandal, R/o Vill.- Mushari Pannuchak,
Kamalkund Babu Tola, P.S.- Ghogha, District- Bhagalpur.

                                                                ... ... Appellant/s
                                     Versus
The State of Bihar
                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s     :       Dr. Ranjeet Kumar, Adv
                        :       Mr. Dilip Kumar, Adv
                        :       Mr. Mohit Srivastava, Adv
                        :       Mr. Ayush Kumar, Adv
                        :       Mr. Kanishk Kaustubh, Adv
                        :       Mr. Rajnish Prakash, Adv
                        :       Ms. Lakshmi Kumari, Adv
                        :       Mr. Ankesh Kumar Sinha, Adv
                        :       Ms. Prerna, Adv
For the Respondent/s    :       Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
        and
        HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA)

Date : 10-04-2026

                 Heard learned counsel appearing on behalf of

 petitioner and learned A.P.P. for the State.

              2. The present appeal has been preferred by aforesaid

 appellant-convict under Section 374(2) of the Code of Criminal

 Procedure, 1973 (hereinafter referred to as ‘the Code’)

 challenging the impugned judgment of conviction dated

 24.05.2018 and order of sentence dated 29.05.2018 respectively

 passed by learned Additional District and Sessions Judge No. 2,

 Bhagalpur in Sessions Trial No. 800 of 2014, arising out of
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         Kahalgaon (Ghogha) P.S. Case No. 94 of 2014, whereby and

         whereunder the learned Trial Court has convicted the appellant

         for the offences punishable under Sections 302 read with 34 of

         the Indian Penal Code (hereinafter referred to as ‘I.P.C.’) and

         Section 27 of the Arms Act. Appellant has been sentenced to

         undergo rigorous imprisonment for life alongwith fine of Rs.

         10,000/- under Section 302 read with Section 34 of the I.P.C.

         and in default of payment of fine appellant shall further directed

         to undergo simple imprisonment of six months and further

         sentenced to undergo rigorous imprisonment for three years

         alongwith fine of Rs. 2,000/- under Section 27 of the Arms Act

         and in default of payment of fine appellant shall undergo simple

         imprisonment of one month. All the aforesaid sentences have

         been ordered to run concurrently.

                         Case of prosecution

                      3. The brief case of prosecution as founded upon the

         “fardbeyan” of Girija Devi (P.W. 3), wife of Devendra Mandal,

         that on 09.03.2014, after having dinner, she returned to her

         house at around 10:00 PM. At that time, her son Prashant was

         sleeping on a cot at the doorstep along with Pappu Mandal

         (appellant), a resident of her village, while her middle son,

         Raghuveer Kumar, was sleeping alone on a nearby cot. At
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         around 11:00 PM, she heard a noise from outside. She initially

         thought that there was a fire cracker bursting at nearby wedding

         in the village. After some time, Raghuveer and Pappu raised an

         alarm, saying that blood was coming out of Prashant’s mouth.

         Upon hearing this, she came out and saw that blood was flowing

         from his mouth. Hearing the commotion, nearby villagers

         gathered and speculated that it might be due to the bursting of a

         vein in the brain. However, she suspected that her son had been

         shot, as blood was flowing from his body. At that time,

         Prashant’s body was covered with a blanket up to his neck, due

         to which no bullet injury was visible. On the morning of

         10.03.2014 at about 6:00 AM, when several people gathered and

         the blanket was removed, it was found that blood was flowing

         from the left side of his neck and also from rib cage. This made

         her firmly believe that Pappu Mandal, a resident of Musahari,

         Pannuchak, Kamalakund Babu Tola, along with unknown

         associates, had shot and killed her son, Prashant.

                      4. On the basis of aforesaid information/fardbeyan,

         Kahalgaon (Ghogha) P.S. Case No.94 of 2014 was lodged for

         the offences punishable under Sections 302/34 of the I.P.C. and

         Section 27 of the Arms Act on 10.03.2014.

                      5. After completion of investigation, the police
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         submitted Charge-Sheet No. 188 of 2014 for the offences

         punishable under Sections 302/34 of the I.P.C. and Section 27 of

         the Arms Act on 31.05.2014 against appellant before the learned

         Jurisdictional Magistrate.

                      6. Upon perusal of materials available on record, the

         learned jurisdictional Magistrate took cognizance of the

         offences punishable under Sections 302/34 of I.P.C. and Section

         27 of the Arms Act against the appellant and after compliance of

         Section 207 of the Code, committed the case of appellant in

         view of Section 209 of the Code to the Court of Sessions on

         08.01.2015 for trial and disposal.

                      7. After commitment, learned trial court explained

         charges to appellant/accused, on the basis of materials collected

         during investigation, which he pleaded “not guilty” and claimed

         trial.

                      8. To substantiate its case before learned trial court,

         the prosecution has, in total, examined eight witnesses, which

         are:-

                               Sr. No(s).                    Prosecution Witnesses
                                 P.W. 1                          Suman Kumar
                                 P.W. 2            Raghuveer Kumar (younger brother of
                                                               deceased)
                                 P.W. 3              Girija Devi (mother of the deceased
                                                          and informant of this case)
                                 P.W. 4               Devendra Mandal (father of the
                                                               deceased)
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                                   P.W. 5             Surin Mandal (uncle of deceased)
                                   P.W. 6                     Dr. Sandeep Lal
                                   P.W. 7                     Jai Ram Mandal
                                   P.W. 8           Randhir Kumar Singh (Investigating
                                                                Officer)



                      9. The prosecution has also relied upon the following

         documents as to substantiate its case, which are as under:-

                           Sr. No.           Exhibit No(s).        List of documents.
                              1.               Exhibit -1             Seizure List
                              2.                Exhibit-2            Inquest Report
                              3.                Exhibit-3          Postmortem Report
                              4.                Exhibit-4         Signature of Jairam
                                                                Mandal on the fardbeyan.
                              5.                Exhibit-5             Formal FIR



                         10. The statement of the appellant-accused was

         recorded under Section 313 of the Code after stating to him

         incriminating evidence/circumstances as surfaced during the

         trial, which he denied and showed his complete innocence.

                         11. On the basis of evidences as surfaced during the

         trial, the learned trial court convicted and sentenced the

         appellant/convict, in aforesaid terms. Being aggrieved of which

         present appeal was preferred.

                        12. Hence, the present appeal.

                          Argument on behalf of appellant

                      13. Learned counsel appearing for appellant while

         assailing through impugned judgment for conviction submitted
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         that the conviction of appellant was recorded not on the basis of

         “direct evidence” rather on the basis of “circumstantial

         evidence” as he was sleeping with the deceased on same bed/cot

         covered with mosquito net. It is submitted that another

         incriminating circumstance which was considered by the

         learned Trial Court was that despite sleeping on the same

         bed/cot with deceased no blood stain was found on the cloth of

         the appellant and, therefore, it was presumed that at the time of

         occurrence he was not on the bed and committed the murder. It

         is submitted by learned counsel that both appellant and deceased

         were sleeping in the outer courtyard (darwaza) on which just at

         the distance of two yards on another bed younger brother of

         deceased namely Raguveer Kumar (P.W. 2) was sleeping, whose

         cloth was found stained with blood. In this context, it is further

         submitted that the place of occurrence is an open place

         accessible to all. It is pointed out that no material qua enmities

         surfaced during the trial and save and except suspicion that the

         murder was committed for the reason that deceased was in love

         with same girl with whom this appellant was in love and due to

         this love triangle present occurrence took place, no any cogent

         motive was assigned.

                      14. It is futher submitted that beside aforesaid, no fire-
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         arm was recovered from the possession of this appellant in

         support of gunshot injury as ascertained and no other

         incriminating material surfaced during the trial, which may

         suggest his involvement with crime in question, rather it was

         ascertained that appellant woke up after half an hour of the

         firing and noticing the profused bleeding he informed the P.W. 2

         who was sleeping on next cot/bed, whereafter out of their cry

         the occurrence came into the knowledge of mother of deceased

         (P.W. 3), who was sleeping inside the room. It is submitted that

         by any prudent imagination, the conviction of appellant with

         aforesaid      circumstances        cannot      be   said   justified.   The

         incriminating circumstances are not within the principles of

         “panchsheel” as evolved through leading legal report Sharad

         Birdhichand Sarda Vs. State of Maharashtra, [(1984) 4 SCC

         116] and, therefore, the impugned judgment of conviction is fit

         to be set aside.

                             Argument on behalf of State

                      15. Learned A.P.P. appearing on behalf of State, while

         opposing the appeal submitted that entire bed sheet was stained

         with blood on which the appellant was sleeping with deceased

         and, therefore, non-finding of blood stain on his clothes leads to

         a serious doubt that how it happened ?, suggesting on its face
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         that at the time of occurrence he was not on the bed. It is

         submitted that this is an incriminating circumstance, which must

         be duly explained by him.

                      16. It is further submitted by learned A.P.P. that to

         inform the informant and his brother regarding occurrence is

         also creating doubt against him, which was rightly considered

         by learned Trial Court, while recording the judgment of

         conviction. It is submitted that on the basis of single

         circumstance, the conviction can be recorded, if it is so

         convincing and, therefore, the judgment of conviction as

         recorded by learned Trial Court is not required to interfere.

                      17. We have perused the materials available on the

         record and also taken note of the argument as advanced by

         learned counsel appearing on behalf of the parties. It appears to

         this Court that re-appreciation of evidence is required for just

         and proper disposal of the present appeal.

                                 Deposition of witnesses

                      18. PW-1 Suman Kumar, stated in his examination-

         in-chief that Prashant Mandal was sleeping on same bed along

         with appellant and on another bed Raghuveer Kumar (P.W. 2)

         was sleeping. They were sleeping in outer courtyard (darwaza)

         of the house. P.W. 1 categorically stated that he heard two
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         sounds of firing, but he thought that same was bursting of

         firecracker in nearby marriage. It was stated by him that after

         half an hour the appellant tried to woke up P.W. 2 and other

         family members. P.W. 1 came to the place of occurrence and

         found that bed/cot was stained with blood and the left side of the

         neck of deceased was with penetrating bullet wound and another

         wound was below the left chest. No injury was on appellant and

         no blood stain was found on his clothes. P.W. 1 ascertained that

         mosquito net and blanket was also having one hole. He also

         ascertained that the deceased and appellant was in love with

         same girl and due to said love triangle and enmity, present

         occurrence took place. It was also ascertained by him that the

         cloth of deceased along with, cloth of appellant, the blood

         stained soil from the place of occurrence, mobile and also

         mosquito net were seized. The seizure list was prepared before

         him. Two seizure lists were ascertained to be prepared, which

         upon his identification was exhibited as Exhibit-1 and Exhibit

         1/A. He also identified the signature of Shambhu Mandal on the

         carbon copy of the seizure list, which upon his identification

         was exhibited as Exhibit-1/B. In terms of testimony the distance

         between the two beds i.e., of the deceased and P.W. 2, who is

         none but the younger brother of the deceased was hardly of two
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         yards. It was categorically stated by him that he was woken up

         by Pappu Mandal (appellant) and when he arrived at the place

         of occurrence he found P.W. 3, Ashok Mandal, Manjula Devi,

         Mala Devi and other children. The distance between the place of

         occurrence and the place where marriage procession was taking

         place was about one kilometer. It was ascertained that Pappu

         Mandal came along with him at the place of occurrence and

         found that P.W. 2 was not sleeping and has woken up. He also

         noticed one hole in mosquito note, but by that time it was

         dismantled.

                      19. PW-2 Raghuveer Kumar, who is none but the

         younger brother of the deceased. His testimony contradicts the

         testimony of P.W. 1, namely Suman Kumar on material aspects,

         as it was testified by P.W. 2 that he woke up by the appellant

         after half an hour of the occurrence, but as per P.W. 1, he came

         to the place of occurrence along with appellant and found that

         P.W. 2 was sleeping. Interestingly P.W. 2 ascertained during the

         trial that after hearing sound of firing he woke up and saw

         vigilantly in his surroundings and upon finding nothing

         noticeable he again slept, whereafter half an hour appellant

         raised halla saying that brain of his brother Prashant burst and

         blood is coming, whereafter he went inside to call his mother
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         (P.W. 3), who was also coming by that time after opening the

         gate and they all came near to deceased and found him dead.

         They also noticed the cot and bed was found heavily blood

         stained, but no blood stain was noticed upon appellant’s clothes.

         He categorically said that he did not saw anyone firing upon his

         deceased brother. He identified the appellant being co-villager.

         His testimony simply suggest that he suspect this appellant to

         commit murder of his brother only for the reason that, despite

         sleeping on the same bed, which was heavily blood-stained no

         blood was found upon the appellant. He did not found anything

         objectionable when he woke up after hearing the sound of firing

         meaning thereby he found the appellant sleeping with his

         brother. It is an admitted position that being co-villagers and

         neighbors, the appellant was allowed to sleep with deceased out

         of consent.

                      20. PW-3 Girija Devi, who is the mother of the

         deceased and informant of this case stated in her examination-

         in-chief that she arrived at the place of the occurrence that is

         outer courtyard (darwaza). She also heard two sounds of firing

         at about 11 PM and thought that same was fired in connection

         with marriage processions, but after sometime P.W. 2 and

         appellant/accused raised halla, whereafter she came out of the
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         house and saw profused bleeding from the mouth of Prashant

         (deceased son). She did not find any blood on the body of the

         appellant. She ascertained that firing was made by appellant due

         to which brain of his son was burst. It is ascertained by her that

         due to love triangle the appellant committed murder of her son.

         She stated in her cross-examination that her younger son namely

         Raghuveer Kumar (P.W. 2) was also sleeping in the same

         courtyard (darwaza) hardly at the distance of two yards. She

         ascertained that she saw appellant firing the accused, but

         subsequently ascertained that when appellant and P.W. 2 came

         to her only after that she woke up and by the time when she

         arrived at the outer courtyard (darwaza), several persons were

         gathered over there. She also noticed blood on the body of P.W.

         2, her own son.

                      21. PW-4 Devendra Mandal, who is the father of the

         deceased and from his testimony it appears that at the time of

         occurrence he was not available at home rather, he went along

         with Naresh in connection with one marriage negotiation, where

         he received information over phone as given by his younger son

         P.W. 2, that appellant and his associates committed murder of

         Prashant bhaiya (deceased). Upon his instruction only police

         was informed. He stated that the occurrence took place as his
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         deceased son was in love with one Bimli with whom the

         appellant was also in love.

                      22. PW-5 Surin Mandal, is the witness of inquest

         who during the trial identified the signature on inquest report

         which upon his identification was exhibited as Exhibit-2.

                      23. PW-6 Dr. Sandeep Lal, is the doctor who

         conducted the post-mortem examination on the dead body of

         Prashant Kumar, son of Devendra Mandal, resident of Village

         Mushahari, P.S. Ghogha, District Bhagalpur, at about 4:00 P.M.

         The dead body was brought and identified by a relative, namely

         Bhola Narayan Das.

                      External Examination & Injuries:
                      On examination of the dead body, I found the
                      following injuries:
                      1. Firearm Entry Wound:- One wound of entry
                      measuring approximately ½" × ½", with inverted
                      and worn margins, present over the neck.
                      Blackening was present around the wound.
                      2. Lacerated Wound on Neck:- A lacerated wound
                      present on the left side of the neck, deep in nature,
                      with exposure of underlying structures/bone
                      cavity.
                      3. Firearm Injury on Chest:- A projectile wound
                      present on the left front of the chest.
                      On dissection, blackening and ecchymosis were
                      present around the wound.
                      The size of the wound was approximately 3" × 1".
                      The direction of the wound was from left to back
                      and downward.
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                      4. Diffuse Swelling: Diffuse swelling was present
                      over the affected regions.




                      Internal Examination:
                      a. The thorax was punctured.
                      b. There was collection of blood and clotted blood
                      in the left side of the chest cavity.
                      c. Blood was also present in the abdominal cavity.
                      Opinion:
                      1. The above-mentioned injuries were ante-
                      mortem in nature.
                      2. The injuries were grievous and sufficient in the
                      ordinary course of nature to cause death.
                      3. Cause of Death: Death was caused due to
                      firearm injury, resulting in hemorrhage and shock.
                      4. Time Since Death: Approximately 12 to 24
                      hours prior to the post-mortem examination.


                      23.1. Upon cross-examination, it was ascertained by

         him that no sign of burning was found outside injury and no

         bullet was found inside.

                      24. PW-7 Jai Ram Mandal, is a formal witness, who

         identified his signature over fardbeyan, which upon his

         identification was exhibited as Exhibit-4.

                      25. PW-8 Randhir Kumar Singh, is the I.O. of this

         case who recorded the fardbeyan in his own handwriting, which

         upon his identification was exhibited as Exhibit-4/1. He also

         identified formal FIR, which was in his handwriting which upon
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         his identification was exhibited as Exhibit-5. He also identified

         his signature on seizure list, which upon his identification was

         exhibited as Exhibit-2/6 and Exhibit-1/C, respectively.

                      26. From the face of occurrence it transpires that,

         place of occurrence was an open place accessible to general

         public.

                      27. It would be apposite to reproduce para-153 and

         154 of the Sharad Birdhichand Sarda case (supra), which are

         as under:-

                      “153. A close analysis of this decision would
                      show that the following conditions must be
                      fulfilled before a case against an accused can be
                      said to be fully established:

                      (1) the circumstances from which the conclusion
                      of guilt is to be drawn should be fully established.

                      It may be noted here that this Court indicated that
                      the circumstances concerned “must or should”
                      and not “may be” established. There is not only a
                      grammatical but a legal distinction between “may
                      be proved” and “must be or should be proved” as
                      was held by this Court in Shivaji Sahabrao
                      Bobade v. State of Maharashtra [(1973) 2 SCC
                      793 : 1973 SCC (Cri) 1033 : 1973 Crl LJ 1783]
                      where the observations were made: [SCC para 19,
                      p. 807: SCC (Cri) p. 1047]

                      “Certainly, it is a primary principle that the
                      accused must be and not merely may be guilty
                      before a court can convict and the mental distance
                      between ‘may be’ and ‘must be’ is long and
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                      divides      vague       conjectures   from   sure
                      conclusions.”

                      (2) the facts so established should be consistent
                      only with the hypothesis of the guilt of the
                      accused, that is to say, they should not be
                      explainable on any other hypothesis except that
                      the accused is guilty,

                      (3) the circumstances should be of a conclusive
                      nature and tendency,

                      (4) they should exclude every possible hypothesis
                      except the one to be proved, and

                      (5) there must be a chain of evidence so complete
                      as not to leave any reasonable ground for the
                      conclusion consistent with the innocence of the
                      accused and must show that in all human
                      probability the act must have been done by the
                      accused.

                      154. These five golden principles, if we may say
                      so, constitute the panchsheel of the proof of a
                      case based on circumstantial evidence.”

                                 Discussion & Conclusion

                      28. No doubt, as we are convinced enough that the

         impugned judgment of conviction appears recorded on the basis

         of circumstantial evidence. From the aforesaid discussed

         evidence it transpires to us that merely on the basis of the fact as

         the informant was under suspicion that deceased was in love

         with same girl with whom the appellant was in love and as he

         was sleeping on the same cot, but despite profused bleeding no
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         blood stain was found upon the appellant, he was suspected to

         be involved in the present crime in question. The testimony of

         P.W. 3/informant also suggest that she is not the eye-witness of

         the occurrence. P.W. 1 was also sleeping on his darwaza, which

         was hardly 10-12 steps ahead. It cannot be said with certainty

         that the murder was committed by appellant, moreover P.W. 2

         was also sleeping over there near to the bed of deceased and to

         the contrary his clothes was noticed with blood in terms of

         testimony of P.W. 3, who is none, but his mother and also

         mother of the deceased. Therefore, on the basis of available

         evidence out of testimony of P.W. 1, P.W. 2 and P.W. 3 only a

         suspicion can be gathered against appellant. Their testimony

         also supporting the fact that appellant was sleeping with the

         deceased without any objection and it was well within the

         knowledge of P.W. 2 and P.W. 3.

                      29. Thus, we are convinced that the circumstances as

         discussed aforesaid are not sufficiently incriminating against

         appellant which by taking a guiding note of “panchsheel” as

         discussed aforesaid, it can be said with certainty that none else

         than appellant-accused committed murder of the son of the

         informant.

                      30.    Accordingly,          the   impugned   judgment   of
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                        conviction dated 24.05.2018 and order of sentence dated

                        29.05.2018 respectively as passed by learned Additional District

                        and Sessions Judge No. 2, Bhagalpur in Sessions Trial No. 800

                        of 2014 arising out of Kahalgaon (Ghogha) P.S. Case No. 94 of

                        2014, is hereby set-aside.

                                   31. Hence, Criminal Appeal (DB) No.792 of 2018, as

                        preferred by appellant namely, Pappu Mandal stands allowed.

                                   32. The appellant, namely, Pappu Mandal is acquitted

                        of the charges levelled against him by the learned trial court.

                        Since appellant is in custody in connection with this case, he is

                        directed to be released forthwith, if not required in any other

                        case.

                                   33. Fine, if any paid, be returned to the appellant

                        immediately.

                                   34. Let a copy of this judgment along with the Trial

                        Court Records be sent to the learned Trial Court forthwith.



                                                                   ( Chandra Shekhar Jha, J.)

                         Bibek Chaudhuri, J:- I agree.
S.Tripathi/-
                                                                      (Bibek Chaudhuri, J.)
AFR/NAFR                          AFR
CAV DATE                          02.04.2026
Uploading Date                    10.04.2026
Transmission Date                 10.04.2026


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