Mahendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1216 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- SIRDALA District- Nawada ====================================================== MAHENDRA PRASAD SON OF SHRI CHANDRA MAHTO R/O VILLAGE- DASBIGHA, DAGI TOLA, P.S.- NARHAT, DISTRICTNAWADA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate Ms.Rashmi Jha, Advocate For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP For the Informant :
Mr.Karandeep, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offences punishable under section 365 of the Indian Penal Code.
3. It is a case of commission of kidnapping and murder of the husband of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The petitioner is not named in the FIR and during the course of investigation, the petitioner has been roped in the present case on the basis of confessional statement of co-accused persons. It
Patna High Court CR. MISC. No.1216 of 2024(4) dt.19-04-2024 2/2 is further submitted that similarly situated co-accused person namely, Akhilesh Prasad has been granted bail by this Court vide order dated 02.11.2023 passed in Cr. Misc. No. 60440 of 2023. Petitioner is languishing in judicial custody since 13.09.2023.
5. The application for bail is opposed by learned APP for the State as well as learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada in connection with Sirdala PS Case no. 167 of 2023.
(Sunil Kumar Panwar, J) tusharika/- U T