Mukhiya Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12135 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- HABIBPUR District- Bhagalpur ====================================================== Mukhiya Mandal, Son of Jago Mandal, R/v- Bhairopur, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ambrish Kumar Jha For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302/324 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the son of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. There is no eye witness to show that the petitioner has involved in the said occurrence. No specific allegation of commission of murder is against the petitioner rather the allegation is general and omnibus has been levelled against him. He has got no criminal antecedent. It is further submitted the other co-accused

Patna High Court CR. MISC. No.12135 of 2023(3) dt.20-06-2023 2/2 namely Nand Kishore Das has already been granted bail by this Bench vide order dated 19.06.2023 passed in Cr. Misc. No. 6317 of 2023 hence, the case of this petitioner stands on better footing of that of the co-accused. Moreover, the petitioner is languishing in judicial custody since 01.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Habibpur P.S. Case No. 101 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of J.M. 1st Class, Bhagalpur. (Sunil Kumar Panwar, J) lata/- U T