The Patna High Court granted bail to the petitioner, who faced charges under various sections of the Indian Penal Code. The court held that the injury was on a non-vital part and noted the petitioner had no criminal antecedent.
Released on bail of Rs. 10,000/- with two sureties of the like amount each.
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.16716 of 2019
Arising Out of PS. Case No.-35 Year-2018 Thana- LADAIYATAR District- Munger
======================================================
UMESH MANDAL Son of Late Argun Mandal Resident of Village - Bihkhakita, P.S.- Lariyatand, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kumar Kamal Nayan For the Opposite Party/s : Mr.Manoj Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 07-05-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 325, 427, 307, 435, 504, 506 and 34 of the Indian Penal Code.
The prosecution case in short is that while the father of the informant was going to the field, the accused persons assaulted him due to which he sustained injuries.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.9.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. Both the parties are co-villagers.
Patna High Court CR. MISC. No.16716 of 2019(4) dt.07-05-2019 2/2
Due to petty reasons, the said occurrence is said to have taken place. The injury caused is on non-vital part of the body. Hence, no offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Chanchal Kumar Tiwari, Additional District & Sessions JudgeIV, Munger in connection with S.T. No. 16/19 arising out of Lariyatand P.S. Case No. 35/2018.
(Sudhir Singh, J)
Pankaj/-
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving offences under Sections 307 IPC and others?
Whether the injury caused to the informant necessitates the continuation of detention?
Umesh Mandal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
