The Patna High Court granted interim bail to the petitioner, who was in judicial custody accused of murder. The court imposed conditions requiring close relative surety and appearance during trial.
Petitioner enlarged on bail by furnishing bonds of Rs. 10,000 with two sureties of similar 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.38439 of 2018
Arising Out of PS. Case No.-84 Year-2001 Thana- SHERGHATI District- Gaya
======================================================
Mohan Mandal @ Mohan Manjhi son of Kail Mandal resident of Village Baheri, P.S. - Sherghati, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 04-07-2018
Heard learned counsel for the petitioner and learned
Addl. P.P. appearing for the State.
Petitioner had earlier moved for bail alongwith another accused in Cr. Misc. No. 36795 of 2017 which was rejected vide order dated 20.09.2017.
Petitioner is languishing in judicial custody since 17.04.2017 in connection with Sessions Trial No. 409 of 2017/417 of 2017 arising out of Sherghati P.S. Case No. 84 of 2001 for offence alleged under section 302 and other allied sections of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his son was married to the daughter of one Kail Mandal who died three years back. Thereafter his son started living in his sasural and wanted to marry his sister-in-law (Sali) but the
Patna High Court Cr.Misc. No.38439 of 2018(2) dt.04-07-2018 2/3
family members had fixed the marriage elsewhere for which the informant’s son had objected. Thereafter the co-accused Kail Mandal alongwith his sons and other villagers have killed his son and disposed of the dead body which was found near the bank of river.
It has been submitted by learned counsel for the petitioner that he is innocent, there is no criminal antecedent and has been falsely implicated in the present case. He submits that there is no eye witness of the alleged occurrence and it is only on the basis of confessional statement of his father, Kail Mandal and mother that he has been made accused. He submits that coaccused Kail Mandal and other co-accused persons have been granted privilege of bail on similar allegations. He also submits that one of the co-accused has also been granted privilege of bail by this Court in Cr. Misc. No. 17785 of 2018 vide order dated 25.04.2018. He submits that petitioner is ready to cooperate in the trial on day to day basis.
However, learned Addl. P.P. appearing for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the materials available on record, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs.
Patna High Court Cr.Misc. No.38439 of 2018(2) dt.04-07-2018 3/3
10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya in connection with Sessions Trial No. 409 of 2017/417 of 2017 arising out of Sherghati P.S. Case No. 84 of 2001, subject to the conditions that :
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner, and
(ii) Petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in connection with offences under Section 302 IPC.
1 provisions across 1 enactments
Mohan Mandal
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
