Patna High CourtCR. MISC./49129/2018bail granted

Santosh Mandal v. The State Of Bihar

2018-08-18Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49129 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== Santosh Mandal, Son of Sikandra Mandal, Resident of Village- Naya Nagar Gangaldai, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mrs. Pravina Kumari, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-08-2018 Heard Smt. Pravina Kumari, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, having clean antecedent , which fact has been stated in paragraph-3 of the petition, who is in custody since 31.05.2018, has prayed for grant of bail in Kahalgaon P.S. Case No.25 of 2018 registered for the offence under Sections 341, 342, 323, 307, 379 of the Indian Penal Code.

Learned counsel for the petitioner, by way of referring to Annexures-2 series to the petition, has argued that on examination of injury reports it appears that there is no application of provision contained in Section 307 of the Indian Penal Code. Regarding Section 379 of the Indian Penal Code, it has been argued that such allegation is ornamental in nature.

Patna High Court Cr.Misc. No.49129 of 2018(2) dt.18-08-2018 2/2 She further submits that in land dispute, on trivial issue, F.I.R. has been lodged as if the petitioner has committed offence under Sections 307 and 379 of the Indian Penal Code. Be that as it may, considering the nature of accusation, clean antecedent as well as period of custody, let the petitioner, namely, Santosh Mandal be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Addl. District and Sessions Judge, Bhagalpur in connection with Kahalgaon P.S. Case No.25 of 2018.

(Rakesh Kumar, J.) nawalkrs/- U T