Dilip Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24471 of 2018 Arising Out of PS. Case No.-3 Year-2011 Thana- PIRPAINTI District- Bhagalpur ====================================================== Dilip Mandal son of Dinesh Mandal the resident of village/Mohalla - Govinpur, Mohanpur, p.s. - Pirpainty, Distt. - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Pirpainty P.S. Case No. 03 of 2011, registered for the offences punishable under Sections 364, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the accused persons including the petitioner herein having abducted the husband of the informant and thereafter, it is alleged that they had murdered the husband of the informant.

The learned counsel for the petitioner submits that the F.I.R. has been lodged belatedly after lapse of 14 days though the body of the husband of the informant was recovered within four days after the husband of the informant

Patna High Court Cr.Misc. No.24471 of 2018(5) dt.04-07-2018 2/2 had become traceless. It is submitted that the main accused, namely, Sanjay Mandal has been granted bail by this Court by an order dated 29.07.2011 passed in Criminal Miscellaneous No. 22941 of 2011. It is stated that other co-accused have also been granted bail and the petitioner is languishing in custody since 20.11.2017.

Per contra, the learned A.P.P. for the State has not denied to the fact that the main accused has been granted bail. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bhagalpur in connection with Pirpainty P.S. Case No. 03 of 2011. (Mohit Kumar Shah, J) ajay gupta/- U T