Patna High CourtCR. MISC./18024/2017allowed

Rudal Mandal v. The State Of Bihar

2017-07-11Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.18024 of 2017 (4) dt.11-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18024 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Rudal Mandal, son of Late Ramdeo Mandal, resident of Village- Bakharpur, P.S.- Pirpainty, Distt- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 09.02.2017 in connection with Pirpainty P.S. Case No. 19 of 2017 registered under Sections 341, 323, 325, 324, 307, 379/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. In fact, the petitioner and the informant happen to be the door neighbourer and a dispute regarding drain is going on between the parties and on account of that the petitioner has been falsely implicated in this case. No such occurrence as alleged in the F.I.R. has taken place. Moreover, charges have been framed in this case and there is no allegation of tempering with the evidences against the petitioner. The petitioner is rotting in custody for the last four months.

Patna High Court Cr.Misc. No.18024 of 2017 (4) dt.11-07-2017 Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Pirpainty P.S. Case No. 19 of 2017. (Arvind Srivastava, J) Brajesh/- U T