Bishwanath Mandal v. The State Of Bihar
Patna High Court Cr.Misc. No.9796 of 2016 (4) dt.16-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9796 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -SANHOLA District- BHAGALPUR ======================================================
1. Bishwanath Mandal Son of Late Bhudeo Mandal resident of Village - Srichak, P.S. - Sanhaulla, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16.03.2016 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.
Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code.
The accusation against the petitioner is that he along with one FIR named accused, namely, Pandav Mandal caught hold the deceased whereas co-accused Basuki Mandal gave dagger blow on the thigh of the deceased.
Alleged occurrence is said to be taken place on account of old enmity.
Learned counsel appearing for the informant points out that some day prior to the alleged occurrence, deceased had lodged a criminal case against the petitioner and other accused and in the aforesaid case, deceased very clearly stated that the petitioner and his
Patna High Court Cr.Misc. No.9796 of 2016 (4) dt.16-03-2016 associates were giving threat to commit his murder. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that only one injury was found on the person of the deceased which is evident from perusal of annexure 3, photostat copy of post mortem report of the deceased, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate II, Bhagalpur in Sanhaulla P.S. Case no. 73/2015.
shahid (Hemant Kumar Srivastava,J) U T