High Court granted bail to appellant charged under Section 307 of Penal Code for injury, directing release on furnishing bond with two sureties, citing assailant's bail under Section 302 as a factor.
Appellant released on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.308 of 2012
====================================================== Uma Kant Mandal, son of Raj Kumar Mandal, resident of village Laliya, P.S. Gwalpara, District-Madhepura. .... .... Appellant. Versus The State of Bihar .... .... Respondent. ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA) 5 05-07-2013 By filing I.A. No. 783 of 2013, appellant has renewed his prayer for bail. It is submitted on his behalf that disbelieving the prosecution case, in the light of the post mortem report and the evidence of Doctor, Suman Mandal @ Soman Mandal, the assailant of the deceased, has been admitted to the privilege of bail under Order No. 3 dated 16.04.2012 passed in Criminal Appeal(DB) No. 109 of 2012.
Patna High Court CR. APP (DB) No.308 of 2012 (5) dt.05-07-2013
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injury on the person of Hardeo Mandal. It is further submitted that appellant having remained in jail custody for more than one year and seven months deserves to be granted bail.
(V.N. Sinha, J)
Bhardwaj/-
(Rajendra Kumar Mishra, J)
3 issues framed by the court
Whether the appellant should be granted bail in light of the assailant's conviction under Section 302 of the Penal Code and bail.
Whether inconsistency in medical evidence justifies bail.
Whether the duration of jail custody warrants bail.
Uma Kant Mandal
The State of Bihar
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
