Gaya Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46980 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Gaya Prasad Mandal Son of Manik Yadav @ Manaki Yadav Resident of Village - Bahuara, P.S.- Aurangabad, District- Aurangabad 2.

Yamuna Prasad Pal @ Yamuna Prasad Son of Late Mohan Bhagat Resident of Village - Biseni, P.S.- Aurangabad, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 364, 120(B), 201, 34 of the Indian Penal Code. The prosecution case in brief is that the accused persons in conspiracy with each other kidnapped the informant's father and got disappeared him.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioner is in custody since 14-06-2019. Charge sheet has already been submitted. The petitioners have

Patna High Court CR. MISC. No.46980 of 2019(2) dt.07-08-2019 2/2 been falsely implicated in the present case. The date of occurrence is said to be 10-10-2017. The complaint case was filed on 22-11-2018, on the basis of which, FIR was drawn up u/S 156(3) Cr.P.C. The delay in filing the complaint has not been explained by the prosecution. The present case is an outburst of property dispute between the families. The petitioners do not belong to the said family. He is a co-villager. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioners named above are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (M) P.S. Case No. 45 of 2019.

(Sudhir Singh, J) A.K.V.//- U T