In a bail application under Sections 147, 302 IPC, the High Court of Patna allowed release despite prior rejection, noting the petitioner's detention duration and bail granted to a similarly situated co-accused, Bablu Mandal.
Petitioner released on bail by executing a bond of Rs. 10,000/- with two sureties, subject to attendance at trials.
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.6199 of 2016
Arising Out of PS.Case No. -186 Year- 2014 Thana -KURSELA District- KATIHAR
====================================================== 1. Mangan Mandal Son of Late Chanchal Mandal, Resident of Village - Chai Tola, Police Station - Kursela, District - Katihar.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 10-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Kursela P.S. Case No. 186 of 2014 registered for the offences punishable under Sections 147, 342, 207, 302 and 504 of the Indian Penal Code.
The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 8.10.2015 passed in Criminal Misc. No. 25434 of 2015 on the ground that the petitioner is in custody since 09.04.2015, there is no specific allegation against the petitioner, only one fire-arm injury was found on the person of the deceased and further, the informant also sustained only one fire arm injury and at the time of visiting the place of occurrence the I.O. has not found any cartridges vide para 40 of the case diary and mentioning these facts co-accused
Patna High Court Cr.Misc. No.6199 of 2016 (2) dt.10-02-2016
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similarly situated Bablu Mandal has been allowed bail in Criminal Miscellaneous No. 30570 of 2015 by order dated 29.10.2015 passed by another co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration.
Learned A.P.P. is not in a position to distinguish the case of the petitioner from Bablu Mandal who has been allowed bail by another co-ordinate Bench of this Court.
In the facts and circumstances stated above, considering the period of detention of the petitioner and further that similarly situated co-accused Bablu Mandal has been allowed bail, the petitioner is also directed to be released on bail on execution of bail bond Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Katihar, in connection with Kursela P.S. Case No. 186 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
siddharth/-
U T
3 issues framed by the court
Whether the petitioner deserves bail considering his period of detention and the order granting bail to a similarly situated co-accused.
Whether the lack of specific allegations against the petitioner warrants release on bail.
Whether the petitioner can be released on bail by executing a bail bond with sureties.
Colour shows how this judgement treated each authority
re: Bablu MandalReferred¶11
Patna High Court Cr.Misc. No. 30570 of 2015
5 provisions across 1 enactments
Mangan Mandal
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
