Munna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77479 of 2019 Arising Out of PS. Case No.-136 Year-2015 Thana- BIHPUR District- Bhagalpur ====================================================== Munna Mandal, Son of late Diwakar Mandal, Resident of Village - Bhramarpur tola, Satiyara, P.S.- Bihpur, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Bihpur P.S. Case No.136 of 2015 registered for the offence punishable under Sections 302, 201 and 120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. Learned counsel submits that there is general and omnibus allegation against the petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the submission of learned counsel for the petitioner that there is general and omnibus allegation against this petitioner

Patna High Court CR. MISC. No.77479 of 2019(3) dt.16-12-2019 2/3 along with other other two co-accused and that the co-accused Dharba Mandal and Khushbhu Kumari have been granted bail by learned coordinate Bench of this Court vide Annexure-2, has not been controverted by learned APP for the State and even the impugned order does not disclose any independent material against this petitioner, finding that the submission of learned counsel for the petitioner that this petitioner is similarly situated to co-accused and petitioner is in custody since 24.07.2019, investigastion is complete and it is not the submission of learned APP for the State that is release is otherwise likely to intefere with in course of trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No.136 of 2015, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted

Patna High Court CR. MISC. No.77479 of 2019(3) dt.16-12-2019 3/3 with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T