Bipin Pal @ Bipin Kumar Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67774 of 2023 Arising Out of PS. Case No.-433 Year-2022 Thana- BELHAR District- Banka ====================================================== Bipin Pal @ Bipin Kumar Pal S/O Late Sufal Pal R/O Vill-Chiraiya, PsBelhar, District-Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad, Advocate For the Opposite Party/s :
Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Belhar P.S. Case No. 433 of 2022 dated 10.11.2022 registered for the offence punishable under Sections 364 and 302 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the other co-accused persons are alleged to have kidnapped the son of the informant and thereafter, they committed his murder and threw his dead body in the Belharna Dam.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.67774 of 2023(2) dt.18-10-2023 2/3 this case on mere suspicion due to previous dispute over fetching water. The other co-accused persons have already been granted Anticipatory bail by the Co-ordinate Bench vide order dated 17.08.2023 passed in Cr. Misc. No. 50461 of 2023. Learned counsel has further submitted that Complaint Case has been lodged against the petitioner and the co-accused person on 16.07.2022 whereas the occurrence is alleged to have taken place on 26.05.2022. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.05.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. 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, Banka in connection with Belhar P.S. Case No. 433 of 2022, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.67774 of 2023(2) dt.18-10-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T