Patna High CourtCR. MISC./50477/2023bail granted

Bodhi Singh @ Baudhi Singh @ Bodhi Mandal v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50477 of 2023 Arising Out of PS. Case No.-13 Year-2012 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Bodhi Singh @ Baudhi Singh @ Bodhi Mandal Son Of Late Chunni Singh Resident Of Village - Domrahi, P.S.- Udakishunganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 313/2012 arising out of Udakishunganj P.S. Case No. 13 of 2012 dated 01.02.2012 registered for the offences punishable u/s 364 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons along with some unknown miscreants holding lethal weapons are alleged to have abducted the

Patna High Court CR. MISC. No.50477 of 2023(2) dt.16-08-2023 2/3 informant's husband for killing.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 28.02.2013 passed in Cr. Misc. No. 42843 of 2012. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.09.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that during the course of investigation the mother of the informant has stated that the petitioner and the co-accused Ghanshyam Singh had taken away the victim.

7. 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, Madhepura in connection with Sessions Trial No. 313/2012 arising out of Udakishunganj P.S. Case No. 13 of 2012.

Patna High Court CR. MISC. No.50477 of 2023(2) dt.16-08-2023 3/3

8. The application stands allowed.

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