Petitioners arrested under IPC Sections 363, 365, 302, 201 and 34 for abduction and murder sought bail. The High Court granted bail on Rs. 10,000 with two sureties each, imposing standard cooperative and non-tampering conditions.
Petitioners released on bail on furnishing bond of Rs. 10,000 each with two sureties of like amount to C.J.M., Bhagalpur.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73015 of 2022
Arising Out of PS. Case No.-809 Year-2022 Thana- KAHALGAON District- Bhagalpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74920 of 2022
Arising Out of PS. Case No.-809 Year-2022 Thana- KAHALGAON District- Bhagalpur
====================================================== ASHOK MANDAL Son of Suresh Mandal R/V- Amapur, Parmanandpur Khawas, P.S- Kahalgaon (Ghogha) Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6241 of 2023
Arising Out of PS. Case No.-809 Year-2022 Thana- KAHALGAON District- Bhagalpur
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 73015 of 2022) For the Petitioner/s : Mr. Rakesh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Shaheen Begum, APP (In CRIMINAL MISCELLANEOUS No. 74920 of 2022) For the Petitioner/s : Mr. Rakesh Kumar Sinha, Adv.
Patna High Court CR. MISC. No.73015 of 2022(5) dt.10-05-2023 2/4
For the Opposite Party/s : Mr. Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 6241 of 2023) For the Petitioner/s : Mr. Rakesh Kumar Sinha, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 10-05-2023
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners seek bail, who are in custody since 17.08.2022 (Petitioner no.1 & petitioner no.2), 18.08.2022 (petitioner no.3) & 31.10.2022 (petitioner no.4 & petitioner no.5) respectively in connection with Kahalgaon (Ghogha) P.S. Case No. 809/2022, F.I.R. dated 13.08.2022, registered for the offences punishable under Sections 363, 365, 302, 201 and 34 of the I.P.C.
According to prosecution case, the petitioners are alleged to have abducted the son of the informant and his neighbour, namely, Niraj Kumar and Govind Kumar respectively.
Learned counsel for the petitioners submits that the petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the petitioners are not named in the F.I.R. The name of the petitioners have been transpired during investigation on the basis of confessional statement of co-accused, namely, Ashok Mandal and the petitioners, namely, Tara Devi and Sunil Kumar Mandal are relatives of the co-accused, namely, Kajal Kumari and the petitioners, namely, Ashok Mandal, Lalit Mandal and Vikash
Patna High Court CR. MISC. No.73015 of 2022(5) dt.10-05-2023 3/4
Mandal are the co-villagers and they have no concern at all with the alleged occurrence. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and except the confessional statement of co-accused, namely, Ashok Mandal, no other cogent material has come during investigation to connect the involvement of these petitioners in the alleged occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioners and the petitioner no.1 & the petitioner no.2 namely, Tara Devi and Sunil Kumar Mandal are in custody since 17.08.2022, the petitioner no.3, namely, Ashok Mandal is in custody since 18.08.2022 and the petitioner no.4 & the petitioner no.5, namely, Lalit Mandal and Vikash Mandal are in custody since 31.10.2022.
Learned Additional Public Prosecutor for the State on the other hand vehemently opposed the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances as well as period of custody, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No.809/2022, subject to the following conditions:-
Patna High Court CR. MISC. No.73015 of 2022(5) dt.10-05-2023 4/4
(Rajesh Kumar Verma, J)
amit/-
U T
1 issue framed by the court
Whether petitioners arrested for abduction, murder and conspiracy under IPC Sections 363, 365, 302, 201 and 34 should be granted bail.
TARA DEVI
SUNIL KUMAR MANDAL
ASHOK MANDAL
LALIT MANDAL
VIKASH MANDAL
THE STATE OF BIHAR
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
