Deep Narayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33005 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== DEEP NARAYAN MANDAL SON OF RAMESHWAR MANDAL R/O VILLAGE- UDHAMPUR, P.S.- CHHATAPUR, DIST.- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-11-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

The petitioner seeks bail in connection with Chhatapur P.S. Case No. 150 of 2020 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

The F.I.R. named accused persons are alleged to have committed murder of wife of the informant. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.33005 of 2021(3) dt.30-11-2021 2/3 innocent and has falsely been implicated in this case. In fact, the entire allegation against the petitioner is nothing but a false, fabricated and concocted story based on mere suspicion, which is evident from the prosecution version itself. The petitioner happens to be step brother of the informant and on account of a land dispute, this petitioner has falsely been implicated in this case. The petitioner is rotting in judicial custody since 24.11.2020. Learned A.P.P. for the State on the basis of case diary and the other material on record has opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case, let the, above named, petitioner be released 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, Supaul in connection with Chhatapur P.S. Case No. 150 of 2020 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.33005 of 2021(3) dt.30-11-2021 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T