Bablu Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15719 of 2021 Arising Out of PS. Case No.-40 Year-2019 Thana- PURAINI District- Madhepura ====================================================== Bablu Malakar Son of Bhagwan Malakar Resident of Village- Kalambag @ Kalambaag Karmanchak, P.S.- Barahara Kothi @ Barahra Kothi, DistrictPurnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar no.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364A and 34 of the Indian Penal Code to which sections 302, 201 and 120B of the Indian Penal Code were added subsequently. As per allegation in the F.I.R., on the husband of the informant not returning home, she raised suspicion against one Niranjan Yadav with whom some dispute had occurred over one of the animals having been killed in the motorcycle accident and the said Niranjan Yadav demanding a sum of Rs. 20,000/- from her husband.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.15719 of 2021(3) dt.26-08-2021 2/2 that the petitioner was not named in the F.I.R. His name transpired in course of investigation in the confessional statement of a co-accused made before the police. Other coaccused whose name also transpired in the confessional statement including Binod Malakar has been enlarged on bail vide order dated 7.8.2019 (Annexure-2). The petitioner has no criminal antecedent, is in custody since 7.10.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody since 7.10.2020, the Court directs the petitioner to be enlarged on bail in connection with Puraini P.S. Case no. 40 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Udakishunganj, Madhepura.

(Partha Sarthy, J) Bibhash U T