Patna High CourtCR. MISC./65088/2023bail granted

Kamli Mandal v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65088 of 2023 Arising Out of PS. Case No.-18 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== Kamli Mandal S/O Late Jageshwar Mandal R/O Village- Sahapur, P.SBihpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 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.

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 Bihpur P.S. Case No. 18 of 2021 dated 14.01.2021 registered for the offences punishable u/ss 302 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, unknown miscreants are alleged to have shot the father of the informant dead at midnight when he was sleeping.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.65088 of 2023(2) dt.13-10-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Etwari Mandal. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 05.07.2023 passed in Cr. Misc. No. 73088 of 2022. The petitioner has three criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.09.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Naugachhiya, Bhagalpur in connection with Bihpur P.S. Case No. 18 of 2021, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.65088 of 2023(2) dt.13-10-2023 3/3

8. The application stands allowed.

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