Patna High CourtCR. MISC./27712/2018bail granted

Mankeshwar Prasad And ANR v. The State Of Bihar

2018-05-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27712 of 2018 Arising Out of PS.Case No. -32 Year- 2018 Thana -GOPALPUR District- GOPALGANJ ======================================================

1. Mankeshwar Prasad son of Kashi Bhagat @ Kashi Nath Prasad

2. Nandkeshwar Prasad @ Nand Kishore Prasad son of Kashi Bhagat @ Kashi Nath Prasad Both residents of Village Bishunpura, P.S. Gopalpur, District - Gopalganj.

.... .... Petitioners.

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Prasad, Advocate For the Opposite Party/s : Mrs. Veena Rani Prasadd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Gopalpur P.S. Case No. 32 of 2018 registered under Section 302/34 of the Indian Penal Code.

Son of the informant is said to have been strangulated to death by some unknown miscreants.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case merely on suspicion. There is no eye witness of the occurrence. There is nothing in the record indicating the complicity of the petitioners in the occurrence barring the confessional statement of Mukesh

Patna High Court Cr.Misc. No.27712 of 2018 (03) dt.23-05-2018 - 2 - Kumar, Md. Hasnan @ Ladu and that of petitioner-Mankeshwar Prasad. Though the deceased is said to have affair with the daughter of Mankeshwar Prasad and there is rumour in the village regarding the same but none of the villagers has supported the aforesaid facts. Petitioners have been languishing in custody since 15.03.2018.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Gopalganj in connection with Gopalpur P.S. Case No. 32 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T