Narendra Mandal @ Bhola Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69277 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== 1.

Narendra Mandal @ Bhola Mandal Son Of Vindeshwar Mandal Resident Of Village - Makhnaha, Ward No.3, P.S. - Belsand, District - Sitamarhi 2.

Rakesh Mandal @ Rakesh Kumar Son Of Nathuni Mandal Resident Of Village - Makhnaha, Ward No.3, P.S. - Belsand, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

It is a case of commission of murder of the son of the informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have

Patna High Court CR. MISC. No.69277 of 2023(3) dt.04-12-2023 2/3 falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is no eye witness to the occurrence and only on the basis of statement of hearsay, the petitioners have been implicated in this case. The petitioners are languishing in custody since 09.05.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused persons have been granted bail vide order dated 02.11.2023, passed in Cr. Misc. No. 52804 of 2023 by this Court. In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail, after framing of charge, if not framed, on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount

Patna High Court CR. MISC. No.69277 of 2023(3) dt.04-12-2023 3/3 each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi in connection with Belsand P.S. Case No. 69 of 2023.

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