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Patna High CourtCR. MISC./29557/2016bail granted

Subodh Mandal v. The State Of Bihar

2016-09-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29557 of 2016 Arising Out of PS.Case No. -118 Year- 2002 Thana -GOPALPUR District- BHAGALPUR ====================================================== Subodh Mandal Son of Gulo Mandal R/o Village- Chhoti Parbatta, P.S. Ismilepur, District Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. Allegation is that in the night informant's son was walking outside their door, when informant's brother and his son called him and thereafter he did not return. Subsequently, dead body of informant's son was recovered.

It has been submitted on behalf of the petitioner that he is in custody since 4.12.2015. Chargesheet has been submitted against the petitioner. No allegation of tampering of evidence is alleged against the petitioner. Petitioner is not named in the F.I.R. His name has come in course of investigation. Two witnesses have named him but no specific allegation has been made against the petitioner. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest implication of the petitioner in the present case.

On behalf of the State, it is submitted that petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.29557 of 2016 (3) dt.05-09-2016 2/2 of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District and Sessions Judge, Naugachia, in connection with Session Trial no. 73A of 2006 arising out of Gopalpur (Ismilpur) P.S. Case no. 118 of 2002.

(Sudhir Singh, J) sudip/- U T