Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39173 of 2015 Arising Out of PS.Case No. -5 Year- 2014 Thana -EKCHARI District- BHAGALPUR ======================================================

1. Prakash Mandal, S/o Late Raju Mandal, Resident of Village- Tapua, P.S.- Ekchari, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 147, 148, 149, 364, 302, 201/120(B) of the Indian Penal Code.

As per the prosecution story, the petitioner along with others is alleged to have taken away the husband of the complainant after assaulting him. Thereafter, the complainant heard the sound of firing and as such the complainant presumed that her husband had been killed.

It has been submitted of behalf of the petitioner that the petitioner is in custody since 05.04.2015. Chargesheet has been submitted in the present case. There is no allegation of tempering

Patna High Court Cr.Misc. No.39173 of 2015 (3) dt.09-10-2015 P2/2 with the evidence against the petitioner. Petitioner has got no criminal antecedent. Present case has been instituted on the basis of a Complaint Case under section 156(3) Cr. P.C. From perusal of the said complaint petition, it appears it is a case of last seen. There is no eye witness to the occurrence.

It has been submitted on behalf of the State that petitioner is named in the First Information Report.

Considering the aforesaid facts and circumstances, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Ekchari P.S. Case No. 5/14.

(Sudhir Singh, J) Saif/- U T