Patna HC granted bail to the petitioner arrested for offences under IPC and Arms Act. The court allowed bail after verifying the petitioner had completed over one year of jail custody and had no criminal antecedents.
Petitioner granted bail upon furnishing bond of Rs. 10,000 with two sureties.
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.61354 of 2019
Arising Out of PS. Case No.-232 Year-2017 Thana- PIPRA District- Supaul
======================================================
MANOJ MANDAL @ MANOJ KUMAR MANDAL Son of Late Sonelal Mandal Resident of Village - Rajpur Tola Bhurarhi, P.S.- Pipra, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arun, Adv For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
2 16-10-2019
Earlier the bail of the petitioner was rejected vide order dated 11.01.2019 in Criminal Miscellaneous No. 67773 of 2018 with liberty to renew his prayer for bail after completing one year of Jail custody.
Petitioner seeks bail in S.T. No. 37 of 2019 arising out of Pipra P.S. Case No. 232 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent and is in custody since 27.06.2018 and he has completed more than one year of Jail custody.
Patna High Court CR. MISC. No.61354 of 2019(2) dt.16-10-2019 2/2
Considering the aforesaid facts and circumstances of the case and considering the period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with S.T. No. 37 of 2019 arising out of Pipra P.S. Case No. 232 of 2017 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether the petitioner is entitled to be released on bail considering the period of custody completed and his arrest date.
2 provisions across 2 enactments
MANOJ MANDAL @ MANOJ KUMAR MANDAL
The State of Bihar
S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
