Pir Baba @ Prabhakar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69579 of 2024 Arising Out of PS. Case No.-242 Year-2021 Thana- KHAIRA District- Jamui ====================================================== Pir Baba @ Prabhakar Mandal, Son of Jagdeo Mandal R/o- Sono Mandal, P.S.- Sono, Distt.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Mokhtar Ansari, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Khaira P.S. Case No. 242 of 2021, registered for the offences punishable under Sections 364, 302, 201, 120(b)/34 of the Indian Penal Code.

3. The allegation against the petitioner is to commit murder of brother of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the informant is not the eye witness of the occurrence and moreover, the present F.I.R. has been lodged after one month of the occurrence without having any explanation of delay. It has further been submitted that the

Patna High Court CR. MISC. No.69579 of 2024(3) dt.31-01-2025 2/3 present F.I.R. is the improved version and afterthought for the reason that father of the deceased also lodged F.I.R. for the occurrence of 01.07.2021 i.e., Tisari P.S. Case No. 66/21 where no suspicion even raised against the petitioner. While concluding the argument, it is submitted that the petitioner is a man of clean antecedent.

5. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded the fact that the present F.I.R. has been lodged after one month of the occurrence.

6. Considering the facts and circumstances as mentioned above and considering the contradictory versions of the F.I.R., where informant is not the eye witness of the occurrence, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui/concerned Court, where the case is pending in connection with Khaira P.S. Case

Patna High Court CR. MISC. No.69579 of 2024(3) dt.31-01-2025 3/3 No. 242 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS, with further conditions that:- "(i)Accused/Petitioner shall cooperate in the trial and if it appears that the petitioner is dealing intentionally the trial, the State shall be at liberty to press for cancellation of his bail bond befroe the learned trial court itself.

(ii) Petitioner/accused shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents."

(Chandra Shekhar Jha, J) veena/- U T