Patwari Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61114 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- BUDHUCHAK District- Bhagalpur ====================================================== Patwari Mandal S/O Late Bhikhan Mandal R/V- Mol Tola, P.S.- Pirpainty, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

As per the prosecution case, a beheaded dead body of a woman was found by the police.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name

Patna High Court CR. MISC. No.61114 of 2022(2) dt.08-02-2023 2/3 sprang up on the confessional statement of co-accused Navin Madal. There is no eye witness or any independent witness of the alleged occurrence. It is also stated that there is no direct material evidence against the petitioner to connect him in the present case. Moreover, the petitioner is languishing in judicial custody since 21.04.2022. It is also submitted that petitioner is an old man aged about 62 years and suffering from heart ailment. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused persons, namely, Bhuneshwar Mandal and Narad Pandit have been granted Bail vide order dated 20.12.2022 and 16.11.2022 respectively, by the co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.61114 of 2022(2) dt.08-02-2023 3/3 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 in connection with Budhuchak P.S. Case No. 08 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge XVI, Bhagalpur.

(Sunil Kumar Panwar, J) nirajkrs/- U T