Pappu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54271 of 2016 Arising Out of PS.Case No. -154 Year- 2015 Thana -ALAMNAGAR District- MADHEPURA ======================================================
1. Pappu Mandal Son of Brahaspati Mandal Resident of Village- Gangapur, Kachahari tola, Police Station- Ratwara (Alamnagar), District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2017 Heard both sides.
The petitioner seeks bail in Alamnagar P.S. case No. 154 of 2015 under Section 302, 201, 34 of the Indian Penal Code and under Section 27 of the Arms Act.
The widow of the deceased is informant of the case and she alleged that she got information that dead body of her husband was lying at a place. The informant went there and saw the dead body. The informant named the petitioner along with four other accused persons and stated that they got enmity with her husband and they might have killed her husband and threw his dead body.
The learned counsel for the petitioner submits that informant is not an eye witness of the occurrence. There is no eye
Patna High Court Cr.Misc. No.54271 of 2016 (3) dt.27-02-2017 2/2 witness of the occurrence. Nothing has been recovered from the possession of the petitioner. Similarly situated co-accused Bilas Rai has already been granted regular bail by a coordinate bench of this court vide order dated 26.09.2016 passed in Cr. Misc. No. 33520 of 2016 and case of the petitioner stands exactly on the same footing.
Having considered the facts that informant is not an eye witness of the occurrence and name of the petitioner figured in the case on the ground that petitioner and others have got enmity with the deceased, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Udakishunganj, Madhepura in Alamnagar P.S. Case No. 154 of 2015.
(Prabhat Kumar Jha, J) BKS/- U T