Santosh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43728 of 2018 Arising Out of PS.Case No. -743 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Santosh Mandal Son of Anirudh Mandal Resident of Village- Rasidpur, P.S. Nath Nagar, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Adv. For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Nathnagar P.S. Case No. 743/2017, registered for the offences punishable under Section 302 and 120B of the Indian Penal Code and section 27 of the Arms Act.

Allegation is murder of husband of the informant due to land dispute.

It has been submitted that petitioner is not named in the F.I.R. His name surfaced on the basis of confession of co-accused. He has no concern with the said land dispute. Petitioner has no criminal antecedent. He is in custody since 22.03.2018.

Patna High Court Cr.Misc. No.43728 of 2018 (3) dt.24-09-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, 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 Additional Chief Judicial Magistrate Ist, Bhagalpur in connection with Nathnagar P.S. Case No. 743/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T