The Patna High Court granted bail to Santosh Mandal, who was in custody since May 31, 2018, in a case registered under Sections 341, 342, 323, 307, and 379 of the Indian Penal Code for alleged offenses arising from a land dispute.
Petitioner released 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.49129 of 2018
Arising Out of PS. Case No.-25 Year-2018 Thana- KAHALGAON District- Bhagalpur
======================================================
Santosh Mandal, Son of Sikandra Mandal, Resident of Village- Naya Nagar Gangaldai, P.S.- Kahalgaon, District- Bhagalpur.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mrs. Pravina Kumari, Adv. For the Opposite Party/s : Mr. None. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
2 18-08-2018
Heard Smt. Pravina Kumari, learned counsel for the petitioner. None appeared on behalf of the State.
The sole petitioner, having clean antecedent , which fact has been stated in paragraph-3 of the petition, who is in custody since 31.05.2018, has prayed for grant of bail in Kahalgaon P.S. Case No.25 of 2018 registered for the offence under Sections 341, 342, 323, 307, 379 of the Indian Penal Code.
Learned counsel for the petitioner, by way of referring to Annexures-2 series to the petition, has argued that on examination of injury reports it appears that there is no application of provision contained in Section 307 of the Indian Penal Code. Regarding Section 379 of the Indian Penal Code, it has been argued that such allegation is ornamental in nature.
Patna High Court Cr.Misc. No.49129 of 2018(2) dt.18-08-2018 2/2
She further submits that in land dispute, on trivial issue, F.I.R. has been lodged as if the petitioner has committed offence under Sections 307 and 379 of the Indian Penal Code.
Be that as it may, considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner, namely, Santosh Mandal 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 the learned 5th Addl. District and Sessions Judge, Bhagalpur in connection with Kahalgaon P.S. Case No.25 of 2018.
(Rakesh Kumar, J.)
nawalkrs/-
1 issue framed by the court
Whether the petitioner should be released on bail in Kahalgaon P.S. Case No. 25 of 2018.
1 provisions across 1 enactments
Santosh Mandal
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
