The High Court of Patna allowed a bail application filed by a petitioner arrested under various sections of the IPC. Considering the existence of a case and counter case, the court granted bail upon furnishing a bond and two sureties.
The petitioner, Tuntun Mahto, be released on bail on furnishing a 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.55328 of 2017
Arising Out of PS. Case No.-9 Year-2017 Thana- VIDYAPATINAGAR District- Samastipur
======================================================
Tuntun Mahto, son of Late Lachhman Mahto, resident of village- Maw Dhaneshpur (South), P.S. Vidyapati Nagar, District-Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Adv. For the Opposite Party/s : Mr. Abhay Kumar – 1, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 16-11-2017 Heard Sri Deepak Kumar Singh, learned counsel for the
petitioner and Sri Abhay Kumar, learned Addl. Public Prosecutor.
The sole petitioner, who is in custody since 11.08.2017 in Vidyapatinagar P.S. Case No.09 of 2017 registered for the offence under Sections 341, 323, 324, 307, 379, 506/34 of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that there was case and counter case in between the parties. From the petitioner’s side, an F.I.R. vide Vidyapatinagar P.S. Case No.10/2017 was registered for the offence under Sections 341,323, 379,504/34 of the Indian Penal Code. By way of referring to the F.I.R., learned counsel for the petitioner submits that though in the F.I.R, it has been alleged that the petitioner
Patna High Court Cr.Misc. No.55328 of 2017(2) dt.16-11-2017 2/2
has given Garasa blow on the occipital region of one Pankaj Kumar, however the injury report, copy of the same has been brought on record as Annexure-4 to the petition, does not support the prosecution allegation. He submits that the injury report suggests that the injury caused on the person of Pankaj Kumar was given by hard and blunt substance. Accordingly, he submits that those materials are required to be considered at least for the purpose of grant of bail.
It is not in dispute that there was case and counter case in between the parties. Considering the nature of accusation and the fact that the petitioner is in custody since 11.08.2017, let the petitioner, namely, Tuntun Mahto be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-III, Dalsingsarai , Samastipur in connection with Vidyapatinagar P.S. Case No.09/2017.
(Rakesh Kumar, J)
nawalkrs/-
U T
3 issues framed by the court
Whether the petitioner is eligible to be released on bail considering the existence of a case and counter case and the discrepancy in alleged injuries.
Whether the injury report supports the prosecution allegations regarding the cause of injury.
What conditions must be satisfied for the grant of bail in the present quo warranto matter.
2 provisions across 1 enactments
Tuntun Mahto
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
