Patna HC granted bail to Tipu Mandal in a U/s 394 IPC case. Court noted petitioner was not in FIR and had no criminal antecedents, releasing him on Rs. 10,000 bond with two sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount to Chief Judicial Magistrate, Araria.
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.
Patna High Court Cr.Misc. No.11799 of 2013 (3) dt.18-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11799 of 2013 ====================================================== 1. Tipu Mandal S/O Jai Prakash Mandal Resident Of Village- Garbanaili, P.S.- Kasba, Dist.- Purnea .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar For the Opposite Party/s : Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 18-09-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 9.10.2012 in Forbesganj ( Simraha) P.S.Case No. 279 of 2007 registered under Section 394 of the Indian Penal Code. Petitioner is not named in the first information report. It would appear from perusal of the first information report that one miscreant namely chhotu Kumar Yadav was caught with Motor cycle and disclosed the name of his associates as Manoj Kumar and Anandi Singh. Later on, in course of investigation, I.O received a petition through registered post and in the aforesaid registered letter, it had been disclosed by the F.I.R named accused that the said motor cycle was borrowed by the petitioner from
Patna High Court Cr.Misc. No.11799 of 2013 (3) dt.18-09-2013
Manoj Kumar.
After going through the entire case diary, I do not find any material except the above fact. It is very painful and surprising that the petitioner has been made accused in this case on the basis of above stated material and his bail was refused even by an Officer of rank of Additional Sessions Judge.
Learned counsel for the petitioner drew my attention towards Para 14 of the case diary and submitted that petitioner does not have any criminal antecedent.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S.Case No. 279 of 2007.
(Hemant Kumar Srivastava, J)
Namita/-
1 issue framed by the court
Whether petitioner should be released on bail given lack of criminal antecedents and insufficient FIR material
Tipu Mandal
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
