The Patna High Court granted bail to the petitioner in a murder and arms case. The bench emphasized the delay in trial, similarities in co-accused bail status, and lack of specific injury allegations to allow enlarged on bail with sureties.
Petitioner directed to be enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the 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.38822 of 2016
Arising Out of PS.Case No. -186 Year- 2014 Thana -KURSELA District- KATIHAR
====================================================== 1. Yogendra Mandal Son of Late Pami Mandal Resident of village - Chai Tola, Police Station Kursela, District - Katihar
1. The State of Bihar
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 08-02-2017 Heard both sides.
The petitioner seeks bail in Kursela P.S. Case No. 186 of 2014, corresponding to S.Tr. No. 85/2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and 27 of the Arms Act.
The informant named seven persons and alleged that they all surrounded him, thereafter Babloo Mandal, Ranjit Mandal, Sanjeet Mandal, Mangan Mandal and Yogendra Mandal (Petitioner) made indiscriminate firing, which hit on the different parts of the body of the informant. Dilkhus Kumar also got firearm injury and he died.
Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order
Patna High Court Cr.Misc. No.38822 of 2016 (3) dt.08-02-2017
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dated 06.07.2015 with observation that the trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of a copy of this order. The trial has not yet been concluded and more than one and half years have lapsed. Similarly situated Bablu Mandal and Mangan Mandal have already been granted bail by the co-ordinate bench of this Court vide order passed in Cr. Misc. No. 30570/2015 and Cr. Misc. No. 6199/2016 respectively. The informant got only one firearm injury and the deceased also got one firearm injury. Five persons are alleged to have made indiscriminate firing, but there is no specific allegation. Similarly situated other co-accused persons have been granted bail.
Considering the facts aforesaid and the fact that the petitioner is in jail since 09.12.2014, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IV, Katihar in connection with Kursela P.S. Case No. 186/2014.
(Prabhat Kumar Jha, J.)
Rakhi U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving Section 302 IPC arisen from indiscriminate firing?
2 provisions across 2 enactments
Yogendra Mandal
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
