The Patna High Court granted bail to the petitioner charged with offences under Sections 307, 384, 34 IPC and Section 27 Arms Act, directing furnishing of a bail bond with two sureties.
Petitioner enlarged on bail by furnishing a bond of Rs. 25,000 with two sureties of 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.25991 of 2021
Arising Out of PS. Case No.-636 Year-2020 Thana- SHERGHATI District- Gaya
======================================================
JAI MANGAL DAS @ JAY MANGAL DAS SON OF MODI DAS RESIDENT OF VILLAGE- RANICHAK, P.S. SHERGHATTI, DISTRICTGAYA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 23-07-2021 Heard learned counsel for the petitioner and learned
APP for the State through virtual Court proceedings.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 307 & 384/34 of the Indian Penal Code and Section 27 of the Arms Act.
While the informant was milling rice near the house of the petitioner, the petitioner along with other coaccused came there and asked the informant to get their rice
Patna High Court CR. MISC. No.25991 of 2021(2) dt.23-07-2021 2/3
milled by his machine. Thereafter, the informant replied that after the present work of rice milling, he would get their work done. Then, the petitioner and other co-accused took out their respective pistols and further co-accused Om Prakash asked the informant as to why he did not pay extortion of rupees five lakhs. Co-accused Om Prakash resorted firing from his pistol and the informant sustained firearm injury in his right hand and he was brought to Sherghatti Hospital and from where he was further referred to Madadh Medical Hospital.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation against co-accused Om Prakash of demanding extortion and resorting firing and causing injury in the right hand of the informant. The petitioner has been languishing in custody since 14.12.2020.
Learned APP for the State opposed the bail
petition.
Considering the facts aforesaid, the above named
Patna High Court CR. MISC. No.25991 of 2021(2) dt.23-07-2021 3/3
petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sherghatti P.S. Case No.636 of 2020.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail pending trial in a case involving offences under Sections 307, 384, 34 IPC and Section 27 of the Arms Act.
2 provisions across 2 enactments
Jai Mangal Das @ Jay Mangal Das
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
