High Court of Patna granted bail to multiple petitioners in a criminal case involving grievous hurt and attempted murder, directing them to furnish bonds and sureties to the Sessions Judge.
Release on bail by furnishing bonds of Rs.10,000/- each with two sureties of the like amount to the Sessions Judge, Purnea.
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. 15151 of 2016
Arising out of P.S. Case No. -139 Year- 2015 Thana - JALALGARH District- PURNIA
===================================================
with
Criminal Miscellaneous No. 20900 of 2016
Arising out of P.S. Case No. -139 Year- 2015 Thana - JALALGARH District- PURNIA =================================================== Manoj Mandal Son of Sri Damodar Mandal, Resident of Village- Mahiyarpur, P.S.- Jalalgarh, District- Purnea. .... .... Petitioner/s Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance : (In Cr.Misc. No.15151 of 2016) For the Petitioner/s : Mr. Raj Kumar, Adv. For the Opposite Party/s: Mr. Anita Kumari Singh (APP) (In Cr.Misc. No.20900 of 2016) For the Petitioner/s : Mr. Rajendra Prasad Sah, Adv. For the Opposite Party/s: Mr. Dr.Rabindra Kumar (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
05. 18.07.2016 Heard learned counsel for the petitioners and
learned counsel for the State.
The petitioners are languishing in custody since 14.11.2015 in connection with S.Tr. No. 70 of 2016 arising out of Jalalgarh P.S. Case No. 139 of 2015 (G.R.
Patna High Court Cr.Misc. No.15151 of 2016 (5) dt.18-07-2016
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No. 4687 of 2015) pending in the Court of Sessions Judge, Purnea for the offences instituted under Sections 147, 148, 149, 323, 307, 302 and 504 of the Indian Penal Code.
Code.
The prosecution case, as per fard-beyan of informant, Sunil Mandal, in brief, is that when he along with his brother and mother went the “Kali Temple” for worshipping purposes the petitioner, Ghanshyam Mandal abused and asked not to enter in the temple as also assaulted them from lathi along with some other persons upon which they fell down and thereafter they were taken to the Sadar Hospital, Purnea. Finding the miserable condition of his elder brother, Chandeshwari Mandal the Doctor referred him to I.G.I.M.S. Patna where the Doctor declared him dead. It is alleged that niece (bagini) of the Informant was married with petitioner, Binay Mandal who was tortured by her in-laws and on account of protest made by the informant the accused persons had conspired to kill them.
It has been submitted on behalf of the petitioners that all the petitioners are in custody since 14.11.2015. Charge-sheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioners. General and omnibus allegation has been made against the petitioners. No specific injury has been
Patna High Court Cr.Misc. No.15151 of 2016 (5) dt.18-07-2016
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attributed against any of the petitioners. The allegation is
against all the accused persons for assaulting the deceased. From the perusal of the post-mortem examination report, it is evident that there is only one injury on the head of the deceased.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and
circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge, Purnea in connection with S.Tr. No. 70 of 2016 arising out of Jalalgarh P.S. Case No. 139 of 2015 (G.R. No. 4687 of 2015).
(Sudhir Singh, J.)
Vikash/-
U T
1 issue framed by the court
Whether the petitioners should be released on bail while in custody for the alleged offences.
1 provisions across 1 enactments
Ashok Mandal and others
Manoj Mandal
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
