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Patna High CourtCR. MISC./30445/2024bail granted

Ravindra Mandal @ Ravindra Singh @ Ravindra Kumar Singh v. The State Of Bihar

2024-07-26Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30445 of 2024 Arising Out of PS. Case No.-153 Year-2017 Thana- AMARPUR District- Banka ====================================================== Ravindra Mandal @ Ravindra Singh @ Ravindra Kumar Singh Son Of Late Karu Mandal Resident Of Village- Rupouli, P.S.- Jagdishpur,Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amarpur P.S. Case no. 153 of 2017 registered under sections 302, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that her husband was taken away by Santosh Choudhary, Bindeshwari Choudhary and Ayoudin Choudhary and thereafter did not return. She subsequently received information about a dead body having been found and on reaching the place of occurrence she identified the same to be that of her husband.

4. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He has been falsely

Patna High Court CR. MISC. No.30445 of 2024(3) dt.26-07-2024 2/3 implicated in the case in course of investigation. The petitioner has neither any motive to commit the alleged crime nor any material has transpired against him. The so-called witnesses whose statements have been recorded in paragraph nos. 56 and 57 of the case diary are not eye witness to the occurrence and have only raised suspicion. The petitioner is in custody since 25.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, the material that has transpired in course of investigation against the petitioner, the petitioner being in custody for 8 months since 25.11.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Amarpur P.S. Case no. 153 of 2017, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

7. The case being of the year 2017, it is directed that the petitioner shall remain represented on each date in the learned trial Court and shall cooperate in the trial. In case the

Patna High Court CR. MISC. No.30445 of 2024(3) dt.26-07-2024 3/3 petitioner is absent on any date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to noncooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into the custody till conclusion of the trial.

(Partha Sarthy, J) Harsh/- U T