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Patna High CourtCR. MISC./58706/2019bail granted

Chopelal Marandi v. The State Of Bihar

2019-11-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58706 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== CHOPELAL MARANDI Son of Sonelal Marandi Resident of VillageBudhuwadih, Police Station- Chandramandih, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 120B, 364 and 34 of the Indian Penal Code.

The prosecution case in short is that the son of the informant left for doing labour job in the morning but in the evening, he did not return.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The alleged occurrence is said

Patna High Court CR. MISC. No.58706 of 2019(3) dt.19-11-2019 2/2 to have taken place on 12.4.2019 but the case was instituted on 19.4.2019. The delay in lodging the case has not been explained. There is no evidence to suggest that the victim was abducted by the petitioner. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest participation of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.K. Deo, Judicial Magistrate, 1st Class, Jamui in connection with Chandramandhi P.S. Case No. 41/2019.

(Sudhir Singh, J) Pankaj/- U T