In a bail application regarding a theft case where the petitioner was in custody, the High Court granted bail upon furnishing a bond of Rs. 10,000 with two sureties.
Petitioner granted bail on posting bond of Rs. 10,000 with two sureties of like amount.
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 Miscellaneous No.25502 of 2014
Arising Out of PS.Case No. -101 Year- 2013 Thana -DHARHARA District- MUNGER ====================================================== KUNDAN MANDAL SON OF SRI KAMLI MANDAL RESIDENT OF VILLAGE - AADAMPUR (SAROBAG) P.S.- DHARAHRA, DISTRICT - MUNGER. .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Suman Kumar Mishra, Adv. For the State : Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 21-08-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Informant, proprietor of a petrol pump along with his manager were proceeding to their residence with sale proceed, were intercepted by unknown criminals who on the pretext of firearm, snatched away motorcycle, cash, mobile set etc.
Contention on behalf of petitioner is that neither he has been identified during course of T.I. Parade nor incriminating article has been recovered from his possession. Save and except statement of one witness under para-79 disclosing presence of petitioner near about P.O., nothing more remains that too is ruled out in the background of nonidentification during T.I. Parade. Also submitted that petitioner happens to be under custody since 31.01.2014.
On the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that involvement of petitioner cannot be ruled out.
Patna High Court Cr.Misc. No.25502 of 2014 (2) dt.21-08-2014
2
Accordingly, petitioner Kundan Mandal is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Sri D.N. Bhardwaj, Judicial Magistrate 1st Class, Munger in connection with Dharahra P.S. Case No.101 of 2013.
(Aditya Kumar Trivedi, J)
PN/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail.
Kundan Mandal
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
