Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39958 of 2023 Arising Out of PS. Case No.-163 Year-2022 Thana- ISMAILPUR District- Bhagalpur ====================================================== BHOLA MANDAL SON OF BANGI MANDAL @ BONGI MANDAL RESIDENT OF VILLAGE- CHHOTI PARBATTA, PS- ISMAILPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Ismailpur P.S. Case No. 163 of 2022 dated 12.12.2022 registered for the offence punishable u/s 363, 364, 365, 34 of the IPC and Section 302 of the Indian Penal Code was further added in this case.

As per the prosecution case, the co-accused persons

Patna High Court CR. MISC. No.39958 of 2023(2) dt.12-07-2023 2/3 are alleged to have kidnapped and murdered the husband of the informant when he was returning to his home.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to dirty village politics. There is general and omnibus allegation against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the course of the investigation. There is no eye-witness to the alleged occurrence. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 21.6.2023 passed in Cr. Misc. No. 27134 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.2.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Naugachhia, District- Bhagalpur in connection with Ismailpur P.S. Case No. 163 of 2022.

Patna High Court CR. MISC. No.39958 of 2023(2) dt.12-07-2023 3/3 The application stands allowed.

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