Mangal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18756 of 2024 Arising Out of PS. Case No.-209 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== MANGAL YADAV S/o Govind Yadav @ Gopal Je Yadav R/o Sant Ghat, Ward No. 14, P.S.-Bettiah (Town), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bairiya P.S. Case No. 209 of 2021 dated 14.10.2021 registered for the offences punishable u/s 302 of the Indian Penal Code.

3. As per the prosecution case, the informant's son Shekh Alauddin was murdered with sharp edged weapon by unknown persons and his dead body was found in the mango orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the basis of self confessional statement of the petitioner. Similarly situated co-

Patna High Court CR. MISC. No.18756 of 2024(3) dt.05-07-2024 2/2 accused has already been granted bail by the co-ordinate bench of this court vide order dated 13.07.2022 passed in Cr. Misc. No. 15734 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.10.2021.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran, in connection with Bairiya P.S. Case No. 209 of 2021, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T