Patna High CourtCR. MISC./60158/2023allowed

Bhairav Nath Mandal v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60158 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Bhairav Nath Mandal S/O Bachcha Mandal R/O Village- Azizpur Chande @ Azizpur Chandi, Ps. Patepur, Dist. Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder to the informant's son, namely, Mithun Kumar by the petitioner and 34 unknown accused persons. Deceased had gone to Rice Mill where he was engaged as a labourer, from where petitioner took him away to attend a marriage ceremony and killed him. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Informant is not the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged

Patna High Court CR. MISC. No.60158 of 2023(3) dt.06-11-2023 2/2 in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case except the fact that deceased was lastly seen with the petitioner. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 21.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhubani in connection with Basopatti P.S. Case No. 258 of 2022.

(Sunil Kumar Panwar, J) sushma/- U