Ram Mandal @ Ram Mondal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10171 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ======================================================
1. RAM MANDAL @ RAM MONDAL Son of Late Buchan Mandal resident of village - Gaus Nagar, P.S. - Raj Nagar, District - Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.
It is an admitted case of the prosecution that on 2610-2015, the informant gave a written petition to concerned officer-in-charge and on the basis of aforesaid written report, the case was registered under Section-307 & other minor sections of the Indian Penal Code but later on, on 23-11-2015, Section-302 of the Indian Penal Code was also added. It is also an admitted position that when the informant gave written report, he did not mention the name of the petitioner nor stated regarding the participation of the petitioner in the alleged crime but after death of the deceased, the fardbyan of the informant was recorded on
Patna High Court Cr.Misc. No.10171 of 2016 (2) dt.08-03-2016 08-11-2015 at PMCH, Patna and in that fardbyan, for the first time, the informant stated about the involvement of the petitioner. Moreover, no specific overt act has been attributed against the petitioner, who is languishing in jail custody since 23-11-2015. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raj Nagar P.S. Case No. 225 of 2015 to the satisfaction of Shri Vikash Kumar, learned Judicial Magistrate-Ist Class, Madhubani.
(Hemant Kumar Srivastava, J) A.K.V./- U T