Uday Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41517 of 2018 ======================================================

1. Uday Mandal Son of Dina Nath Mandal, Resident of VillageNarayanpur P.S. Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Kahalgaon P.S.Case No.63 of 2016 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegation against the petitioner is that deadbody of a lady was recovered and FIR was lodged and later on a purse was recovered in which there was a railway Ticket issued from Durgapur so the police went to Asansol and they came to know that the girl and her mother were traceless and the mother of the girl had relation with one Pramod Yadav and petitioner is friend of Pramod Yadav and on that basis he has been made accused in this case.

Submission of the learned counsel for the petitioner is that except the above, there is nothing against the petitioner and

Patna High Court Cr.Misc. No.41517 of 2018 (3) dt.26-09-2018 2/3 whatever allegation is there it is against Pramod Yadav that he has illicit relation and petitioner is friend of Pramod Yadav, as such he has been implicated in this case and later on dead body of mother of deceased has also been recovered and for that separate case has been registered and in that case, petitioner is granted bail, vide order dated 20.8.2018 passed in Cr. Misc. No.47936 of 2018. The petitioner is in custody since 1.2.2018 and the charge-sheet has already been submitted.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Bhagalpur in connection with Kahalgaon P.S.Case No.63 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

Patna High Court Cr.Misc. No.41517 of 2018 (3) dt.26-09-2018 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T