Narad Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42685 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- BUDHUCHAK District- Bhagalpur ====================================================== NARAD PANDIT S/O LATE RAM LAKHAN PANDIT Resident of VillageSigalbeta, P.S.- Antichak, District- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Budhuchak P.S. Case No. 08 of 2022 registered for the offences punishable under Sections 302, 201, and 34 of the IPC. As per prosecution case, the dead body of woman whose head has been chopped was found.
Learned counsel for the petitioner submits that petitioner is not named in the FIR. His name has been transpired in the case upon the confessional statement of co-accused, Navin Mandal. Except confessional statement of co-accused there is nothing on record to demonstrate the complicity of
Patna High Court CR. MISC. No.42685 of 2022(2) dt.16-11-2022 2/3 petitioner with the alleged occurrence. Learned counsel for the petitioner further submits that petitioner is in custody since 19.03.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that there is no eye witness to the alleged occurrence. Petitioner has a land dispute with confessing co-accused, Navin Mandal and so he has been falsely implicated in the case. Learned counsel for the petitioner further submits that the impugned order has been written in detail in which confessional statement of co-accused, Navin Mandal has not indicated anything regarding the present petitioner except the suggestion for killing the wife of co-accused, Navin Mandal.
He further submits that as per confessional statement of co-accused Navin mandal the specific overt act for killing wife of the co-accused is against co-accused Bhuneshwar Mandal and Patwari Mandal. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.42685 of 2022(2) dt.16-11-2022 3/3 tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Budhuchak P.S. Case No. 08 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T